Attorney-General (NSW) v Jackson

The Attorney-General of New South Wales appealed to the High Court of Australia after the Supreme Court of New South Wales quashed a conviction. The central dispute concerned the admissibility of a deposition taken during a preliminary investigation, following the death of the witness who had given that deposition. The deposition in question was a portion of a statement made by the deceased witness.

The High Court was required to determine whether the Supreme Court had erred in quashing the conviction. Specifically, the court had to consider the admissibility of the deposition under sections 406 and 409 of the *Crimes Act 1900* (NSW) and section 36 of the *Justices Act 1902* (NSW), given that the witness was deceased and a portion of their statement had been omitted from the deposition. The court also considered whether special leave to appeal should be rescinded, given the prisoner was no longer in custody.

The High Court held that the deposition was admissible. The court reasoned that section 406 of the *Crimes Act* permitted the use of depositions of witnesses who had died, provided the deposition was taken in the presence of the accused and the accused had an opportunity to cross-examine. The court found that the deposition met these requirements. Furthermore, the court determined that the omission of a portion of the witness's statement did not render the entire deposition inadmissible, as the admitted portion was relevant and properly taken. The court also found that the prisoner no longer being in custody did not necessitate the rescission of special leave to appeal, as the appeal raised important questions of law.