In NSW criminal trials, exclusion of defence evidence for breach of the rule in Browne v Dunn should generally be a remedy of last resort. Trial judges must consider the full range of alternative remedies — including recalling witnesses under s 46 of the Evidence Act 1995 (NSW) or the court's general power, applying the discretionary filter under s 135, and giving appropriately fashioned jury directions — before resorting to exclusion. The rule in Browne v Dunn is not a preclusive rule of evidence; its breach does not render otherwise admissible evidence inadmissible.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.