DPP v Sugden [2018] EWHC 544 (Admin) – S 139 CJA 2003 – s 5(1) RTA.
1) best evidence rule relates to admissibility of documentary evidence; document from which witness refreshes memory is not necessarily adduced in evidence.
2) only remaining instance of best evidence rule is that if original document is “available in one’s hands” it, rather than a copy, must be produced.
3) law permitting refreshing of witness’s memory governed by s 139(1) CJA 2003.
4) nine principles derived from common law and s 139(1) on reliance on copy document and refreshing memory.
5) best evidence rule not applicable when witness seeks to refresh memory from copy document without adducing it as evidence.
undefined: unpaid