Jacob is charged that on February 15, 2016 he stole a bottle of liquor, namely a litre of Johnny Walker Scotch from Paradise Duty Free Store in downtown Port Vila contrary to the Penal Code.The offence is alleged to have occurred at 11:45 am, 15 minutes before the store closed for the weekend.

The facts set out below are known by the prosecution.

1.Jacob was seen walking out the front door of the store at 11:50 with a bottle of whiskey in his hand.

2.Jacob was seen drunk at 2:00 pm on February 13.

3.Jacob was seen going into the store at 11:30 am on February 13

4.Jacob is an alcoholic.

5.Jacob beats his wife.

6.Jacob was charged with theft of a bottle of gin from another duty free store a year ago.

7.Jacob was convicted of theft of a package of cigarettes from Centre Point 2 years ago.

8.Jacob was convicted for being intoxicated in a public place only 3 months ago.

9.An empty bottle of Johnny Walker Scotch was discovered in Jacob's rubbish bin on February 16, 2016.

10.The week before the alleged theft, a pile of empty liquor bottles outside Jacob's house was noted by a neighbour who had come to deliver a parcel.

11.Jacob has no job and no apparent means of support.

12.Jacob's fingerprints were found inside the duty free store.

13.A year ago, Jacob was sacked from his job for theft of money from the petty cash drawer.

14.Jacob has apologised to the manager of the store (who is an old school friend) for "causing such a fuss."

Examination in chief of the shopkeeper Simon Kali of the Paradise Duty Free Store by the Prosecutor.

Suppose you are the defence counsel listening to the following evidence.

Are there any questions you would object to? On what grounds?

The witness is sworn:

Q:Your name is Simon Kali, is that right?

A:Yes.

Q:And you are employed as the manager of the Paradise Duty Free Store, is that right?

A:Yes, that's right.

Q:You were working at the Paradise Duty Free on Saturday February 15?

A:Yes I was. I was on duty all day that day.

Q:Can you tell the court how many other people were working at the Paradise Duty Free store on that day?

A:There would have been three others.

Q:And were they the cashier, the cleaner and the person who stocks the shelves?

A:Yes.

Q:Are these people women or men?

A:Well the cashier is a woman. The other two are men.

Q:Do you remember what the weather was like on that day?

A:I think it was a sunny day but I am not sure.

Q:Do you know a man called Jacob?

A:Yes.

Q:You were a friend of Jacob when you both went to the same school weren't you?

A:Yes.

Q:Do you recognize Jacob in court today?

A:Yes, I do, that's him sitting in the prisoner's dock over there. (indicating the accused)

Q:Did you see Jacob in the Paradise Duty Free Store on February 15?

A:Yes I did.

Q:Did you see him looking at the shelf with the champagne on it?

A:Yes.

Q:Was he alone?

A:Yes.

Q:Was there anything suspicious about him when you saw him?

A:Well, he seemed to behave nervously. He looked around several times while he was standing at the shelf. He had dark sunglasses on. I thought that was strange inside a store.

Q:Did you speak to Jacob in the store that day?

A:No.

Q:But he said something to you didn't he?

A:Yes.

Q:He called over to you, "How are you Simon? Are you coming to the park for a picnic this afternoon?" Didn't he?

A:Yes he did.

Q:Why didn't you answer him?

A:Because I was very busy. I didn't want to have a picnic with Jacob. He has a reputation as an alcoholic, any time he goes for a picnic, he is bound to get drunk and I don't like associating with him.

Q:After you saw Jacob at the shelf with the Scotch, then what happened?

A:I was busy with some customers for a few minutes. When I next saw Jacob, he was going out the door.

Q:And did he have a bottle of Johnny Walker Scotch in his hand?

A:Yes.

QUESTION 2Answer the following questions.

(A). What must a judge be satisfied of before granting leave for a witness to refresh their memory from a document in court?

(B) Read R v McGregor [1984] Qd R 256. How did the cross examiner in that case breach the rules about cross examination on document used to refresh memory and what was the consequence?