R v Hunter (No 13)

In this matter, Hunter was charged with conspiracy to supply a commercial quantity of a controlled drug. The case before the court was to determine whether the prosecution could be granted leave to administer a document to the key witness to revive his memory. The appeal was heard in the High Court of Australia. The central issue before the court was whether the trial judge should have granted the prosecution leave to administer a document to a key witness during his examination in chief, to revive his memory. This was an issue of first impression in Australia, concerning the probative value of the document in relation to its prejudicial effect on the witness.

The court considered the common law principles governing the administration of documents to revive a witness's memory, and the statutory provisions governing the admissibility of evidence. The court held that the trial judge should have granted leave for the document to be administered, as it was highly probative in relation to the issues in the case. The court found that the probative value of the document outweighed any prejudicial effect it may have had on the witness. The appeal was dismissed, and the conviction was upheld. The court found that the trial judge had erred in refusing to admit the document, and that the error was not harmless. The case was remitted to the Court of Appeal for re-sentencing.