R v Kneebone (1999) 47 NSWLR 450

Facts: Defendant (D) convicted of sexual assault of 14yo girl. D appealed on the basis the prosecution (Pr) did not call a material witness (W) (her mother) who was apparently an eyewitness (she walked into the room and then walked out again). Pr chose not to call the mother as a W as she was unreliable as she was still in a relationship with D. However, Pr did not have a conference with the mother to ascertain the status of her evidence.

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