R v Cheng

Facts

A police officer's original notes had been lost. He had made a fuller statement from them while the facts were still fresh. He was allowed to refresh his memory from that statement.

Issue

May a witness use a copy, or a statement made from lost original notes?

Held

Yes, if he can show that the document he uses was made from the original notes, and if he can then swear to the facts from his refreshed memory.

Principle

The original is the rule. A derivative document is allowed when the original is gone and the witness verifies the chain.

Why it matters

It is the last condition. The notebook, even when used, is not evidence in the case merely because the officer made it.

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