JSB171 Lecture 1: Refreshing Memory
Document Summary
If person who made document not available, may be able to use s 93b. If they have no independent memory of the facts apart from the document, need to go to tried to revive memory but failed below! 2: however, the other side may call for the document and cross-examine the witness on those parts of it which were used in order to refresh memory (walker v walker; Mcgregor): whole document does not have to be admitted into evidence under the rule in. Thus, a copy will suffice: a witness is allowed to recite from a document they learnt off by heart unless the other side objects, provided the document can be produced (king v bryant) If it is not produced, then it is oral secondary evidence and improper (holm v. 19(1a) qea): also, a court can direct that the writing be produced to the court (s 19(2)), sorrenson v mcnamara (2003) qca 149 i.
