The Melvin and Dingle three-part test is adopted as the standard for the prosecution's duty of disclosure in NSW. The Crown's duty does not extend to disclosing material relevant only to the credibility of the accused, nor to disclosing material that would deter the accused from giving false evidence about matters within the accused's own knowledge. Where an accused ties a present condition to a past condition relevant to a fact in issue, evidence contradicting the present condition is relevant to the fact in issue and not only to credibility, so s 104(2) leave is not required. The proper construction of s 106(e) of the Evidence Act 1995 — and whether it abrogates the finality rule for credibility evidence — remains an open question.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
2 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.