R v Spiteri-Ahern; R v Barber; R v Zraika (No 5) [2017] NSWSC 1279

R v Spiteri-Ahern; R v Barber; R v Zraika (No 5) [2017] NSWSC 1279

The use of the statements tendered in re-examination, for which leave has already been granted, is limited to matters going to the credit of the witness—pursuant to s 108—because their use for any other purpose would be unfairly prejudicial to the accused.

Parties
Crown: Regina; Accused: Louise Catherine Spiteri-Ahern; Accused: April Barber; Accused: Amin Zraika
Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Evidence admitted with restricted use; ruling on admissibility and purpose.
Legal Topics
Admissibility of Statements, Restricting Use of Evidence, Credit of Witness, Re Examination
Evidence Admissibility of Statements Restricting Use of Evidence Credit of Witness Re Examination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Louise Catherine Spiteri-Ahern

Accused

April Barber

Accused

Amin Zraika

Accused

Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether police statements tendered in re-examination can be used for purposes beyond re-establishing credit.
  2. 2 Should evidence admitted for credit also be used to prove facts asserted?

Ratio Decidendi

The use of the statements tendered in re-examination, for which leave has already been granted, is limited to matters going to the credit of the witness—pursuant to s 108—because their use for any other purpose would be unfairly prejudicial to the accused.

Court Disposition

Evidence admitted with restricted use; ruling on admissibility and purpose.

Orders

  • Pursuant to s 136 of the Evidence Act 1995, the use of evidence adduced in re-examination is limited to credit pursuant to s 108 of the Evidence Act 1995.