R v Greenfield [2023] NSWSC 1386

R v Greenfield [2023] NSWSC 1386

The application for a pre-trial Basha inquiry to cross-examine seven witnesses was refused in relation to five of them because the accused did not meet the high threshold of demonstrating a serious risk of unfairness at trial; for two witnesses, Brett Lucas and Shayne Miller, the Court found potential for prejudice if pre-trial questioning was not allowed and granted their attendance for limited inquiries.

Parties
Crown: Rex; Accused: Stephen Greenfield
Jurisdiction
Australia
Judgment Date
15 November 2023
Procedural Posture
Criminal / Pre Trial (basha Inquiry Application)
Outcome
Partly granted (Basha inquiry ordered for Brett Lucas and Shayne Miller; refused as to other requested witnesses)
Legal Topics
Basha Inquiry, Committal Procedure, Application to Cross Examine Witnesses Prior to Trial, Prejudice and Unfair Trial
Criminal Law Basha Inquiry Committal Procedure Application to Cross Examine Witnesses Prior to Trial Prejudice and Unfair Trial

Case Brief

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Parties

Rex

Crown

Stephen Greenfield

Accused

Procedural Posture

Criminal / Pre Trial (basha Inquiry Application)

Legal Issues

  1. 1 Whether the accused should be granted a pre-trial Basha inquiry to cross-examine certain witnesses
  2. 2 Whether refusal to permit such inquiry would result in unfairness to the accused's trial

Ratio Decidendi

The application for a pre-trial Basha inquiry to cross-examine seven witnesses was refused in relation to five of them because the accused did not meet the high threshold of demonstrating a serious risk of unfairness at trial; for two witnesses, Brett Lucas and Shayne Miller, the Court found potential for prejudice if pre-trial questioning was not allowed and granted their attendance for limited inquiries.

Court Disposition

Partly granted (Basha inquiry ordered for Brett Lucas and Shayne Miller; refused as to other requested witnesses)

Orders

  • Brett Lucas and Shayne Miller are to attend Court on 21 November 2023 to give evidence at a preliminary hearing held in advance of the trial concerning matters identified in these reasons.