The Tasmanian Court of Criminal Appeal and Full Court will not hear argument that a previous decision should be overruled unless leave has first been obtained, with notice included in written submissions; if leave is granted, the appeal will ordinarily be heard by a bench of five judges. The 'fresh memory' requirement in s81B of the Evidence Act 1910 (Tas) has a temporal connotation but a passage of four days, without evidence that conversations with others actually affected the witness's recollection, is insufficient to defeat the requirement where the witness's uncontradicted evidence is that the facts were fresh in her mind. 'Wilfully' in s267(3) of the Criminal Code as applied to arson encompasses recklessness — awareness of the likelihood that fire will spread to property coupled with disregard of that risk.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.