NSW Does Prosecution Need to Know Defendant's Evidence?

[Sengiy00]

Good evening,

In a criminal court case, does the prosecution need to know all evidence the defendant has?

I have been charged with assault and assault occasioning actual bodily harm. I was reading over the statement made against me and there are several lies and many exaggerations.

I have some potential proof that the story was exaggerated. Whilst I am now on good terms (well as good as they can be) with my daughter who had me charged, I don't want to take any chances in case she turns nasty. She is good at stretching the truth and I don't want to give her time to cover this up.

Will I need to disclose all of my evidence prior to my day in court?

Also one of her friends gave a statement to police but it was not in the brief of evidence for some reason and we still have not received it. Is it admissible if I am not given it prior to court?

Thanks everyone.

 

[Iamthelaw]

These are all questions for your lawyer, what have they said?

I don't know enough about your matter, or the evidence you're seeking to adduce to provide a solid answer.

Will I need to disclose all of my evidence prior to my day in court?

Certain forms of evidence may need to be disclosed - Again best speak to your lawyer.

Also one of her friends gave a statement to police but it was not in the brief of evidence for some reason and we still have not received it. Is it admissible if I am not given it prior to court?

You've received the brief? It is listed in the contents page but not in the 'body' of the brief?

If there is no mention of it whatsoever, perhaps the prosecution thought it wasn't relevant, I don't know. Generally, it won't be admissible. This goes back to the 'golden rule' that the prosecution has a duty to disclose all relevant evidence in its possession to you in order to afford your a fair trial.

 

[Sengiy00]

Hi there and thanks for the reply.

It is listed in the contents of brief of evidence as an outstanding brief item as well as two police statements and my own transcript of interview. My lawyer claims he has left messages requesting the rest of it and they don't call him back.

I collected the brief from the police station and the police said they would send the rest to my lawyer. I cannot remember why it was not all there. My lawyer said something about it not being admissible if not received by a certain time.

 

[Rod]

Will I need to disclose all of my evidence prior to my day in court?

Agree with the above. Note that most evidence does not need to be disclosed. The prosecution has to prove you are guilty, you do not need to prove you are innocent.

Generally less disclosure is better.