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Tas v Allie and Maple [2025] TASSC 6 — Evidence & Aust Dig Criminal Law [2802] — Barrister AI

Tas v Allie and Maple

[2025] TASSC 6

Supreme Court of Tasmania

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Catchwords

1. Criminal Law
2. › Evidence
3. › Hearsay
4. › Particular matters
5. › Maker of statement not available
6. › Witness died in the months before trial
7. › Allegations relate to two incidents 19 March 2021 and 21 March 2021
8. › Representations made on the day of the incidents and a statutory declaration made on the day of the second incident
9. › Generally representations were made "shortly after" the incidents but representations made on 21 March about events on 19 March not admissible.
1. Aust Dig Criminal Law [2802]
1. Evidence
2. › Admissibility
3. › Exclusions: prejudicial evidence
4. › Inability of defence counsel to cross-examine the complainant as maker of representations
5. › Police questioning of accused during interviews afforded limited opportunity for accused to refute the complainant's account
6. › Forensic pressure for accused to give evidence at trial to contradict representations
7. › Risk of impermissible reasoning - Effect of directions to jury.
1. Aust Dig Evidence [1168]

Case Details

Citation[2025] TASSC 6

CourtTASSC

JurisdictionTasmania

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Relies on12

2023Moore (a pseudonym) v The KingVSCA 236
2016Sio v The QueenHCA 32
2005Harris v RNSWCCA 432
2005R v KuzmanovicNSWSC 771
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