Caselaw 2

Question 1

R v Derby Magistrates Court

Answer 1

The legal professional privilege has been described as “more than an ordinary rule of evidence..it is a fundamental condition on which the administration of justice as a whole rests”

Question 2

B v Auckland District Law Society

Answer 2

The law lords cautioned that legal privilege was not to be balanced against competing public interest.

Question 3

Cameron v R the Court stated:

Answer 3

There is a non-exhaustive set of factors that can be considered, including the significance of the events to the witness, the time lapsed between events and making the statement and the detail

Question 4

Rongonui v R:

Answer 4

The Court upheld a decision that a statement made 6 weeks after the event could still be a document made at a time when the witness’s memory was fresh

Question 5

Hart v R:

Answer 5

The first thing that must be shown by the party seeking to adduce a witness’s previous consistent statement under subsection 2 is that there has been a challenge to the witness’s veracity