Under the Evidence Act 1995 (NSW), the Crown may call a witness known to be hostile for the purpose of adducing prior inconsistent statements as evidence of the facts asserted therein; the principle in Blewitt v The Queen that it is improper to call such a witness solely to place inadmissible evidence before the jury has no application where the prior statements are admissible under ss 38 and 60. The word 'purpose' in s 60 is to be ascertained objectively — it refers to the use to which the evidence would be put if admitted, not the subjective motive of the party tendering it. Whether a period of ten weeks satisfies the 'fresh in the memory' requirement under s 66 was left open.
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