The strict temporal interpretation of 'fresh in the memory' from Graham v The Queen (measured in hours or days, not years) may not apply to s 32 of the Evidence Act 2008 (Vic) governing refreshing memory, as distinct from s 66 governing the hearsay exception, though this question was expressly left open. An Edwards or Zoneff direction on consciousness of guilt is not required where the evidence of post-offence conduct (departure from the scene) serves as circumstantial corroboration of the complainant's account and there is no real risk the jury would use it for consciousness of guilt reasoning.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.