A 'formal witness statement' under s 4A(6) of the Criminal Law (Sexual Offences) Act 1978 (Qld) is a record of a witness's evidence in the accepted form of a written statement or record of interview taken by a police officer and prepared for the purpose of court proceedings, which would generally represent the person's evidence in chief. The fact that a police officer asks clarifying questions during a disclosure, or that the disclosure is recorded, does not of itself transform the exchange into a formal witness statement. Prosecutors should not refer to complainants as 'victims' during trial or criticise defence counsel's cross-examination technique in closing addresses.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.