REFERENCE [2007] O.J. No. 2104 (C.J.), Nadel J R. v. Kassam, DATE 2007 CHARGE Speeding Ontario Court of Appeal SUMMARY OF DECISION The officer testified at trial that he reviewed his notes upon arrival at court to refresh his memory and when pressed, admitted that he did not have an independent recollection of the events until he looked at his notes. He did not have an independent recollection of the traffic stops immediately prior or after the case before the court. The appellant argued that the evidence by the officer was not present recollection revived, but really past recollection recorded, masking as present recollection. On appeal, it was argued that prior to refreshing memory from notes the witness must be in a position to swear that they have an independent recollection, separate of their notes. Justice Nadel rejected this argument. The court also observed that it is appropriate for an officer to read his notebook before coming into court to testify and it is not at all objectionable. In this case, it was open to the court to find the officer had a present recollection that was refreshed by reference to his notes. SEARCH Officer’s Notes Memory Reliability Weight COMMENTS REFERENCE R. v. Budisantosa [2005] O.J. No. 4827 (C.J.), Thomas J. DATE November 2005 CHARGE Careless driving COURT Ontario Court of Appeal
REFERENCE R. v. Kassam, [2007] O.J. No. 2104 (C.J.), Nadel J DATE 2007 CHARGE Speeding Ontario Court of Appeal SUMMARY OF DECISION The officer testified at trial that he reviewed his notes upon arrival at court to refresh his memory and when pressed, admitted that he did not have an independent recollection of the events until he looked at his notes. He did not have an independent recollection of the traffic stops immediately prior or after the case before the court. The appellant argued that the evidence by the officer was not present recollection revived, but really past recollection recorded, masking as present recollection. On appeal, it was argued that prior to refreshing memory from notes the witness must be in a position to swear that they have an independent recollection, separate of their notes. Justice Nadel rejected this argument. The court also observed that it is appropriate for an officer to read his notebook before coming into court to testify and it is not at all objectionable. In this case, it was open to the court to find the officer had a present recollection that was refreshed by reference to his notes. SEARCH Officer’s Notes Memory Reliability Weight COMMENTS REFERENCE R. v. Budisantosa [2005] O.J. No. 4827 (C.J.), Thomas J. DATE November 2005 CHARGE Careless driving COURT Ontario Court of Appeal
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