R v Gatt (No 3) [2018] NSWSC 427

R v Gatt (No 3) [2018] NSWSC 427

The Crown was granted leave because Mr Terepo's evidence in the proceedings was in various relevant respects inconsistent with his earlier statements and committal evidence, and was unfavourable to the Crown case, so the requirements of s 38 were satisfied.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal / Application Under S 38 of the Evidence Act 1995 (nsw) for Leave to Cross Examine a Crown Witness
Outcome
Leave sought under s 38 granted.
Legal Topics
['application Under S 38 of the Evidence Act' 'cross Examination of Own Witness' 'unfavourable Evidence' 'prior Inconsistent Statements']
['criminal Law' 'evidence'] ['application Under S 38 of the Evidence Act' 'cross Examination of Own Witness' 'unfavourable Evidence' 'prior Inconsistent Statements']

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Procedural Posture

Criminal / Application Under S 38 of the Evidence Act 1995 (nsw) for Leave to Cross Examine a Crown Witness

Legal Issues

  1. 1 ['Whether the Crown should be granted leave under s 38 of the Evidence Act 1995 (NSW) to cross-examine its own witness, Mr John Terepo, about evidence unfavourable to the Crown case and/or inconsistent with prior statements.']

Ratio Decidendi

The Crown was granted leave because Mr Terepo's evidence in the proceedings was in various relevant respects inconsistent with his earlier statements and committal evidence, and was unfavourable to the Crown case, so the requirements of s 38 were satisfied.

Court Disposition

Leave sought under s 38 granted.

Orders

  • ['Leave sought under s 38 granted.']