R v Peter James DAY [2] [2009] NSWDC 361

R v Peter James DAY [2] [2009] NSWDC 361

The applicant failed to demonstrate that the absence of a Basha inquiry would render the trial unfair, as much of the sought information could be obtained by other means; therefore, a Basha inquiry was not justified.

Jurisdiction
Australia
Judgment Date
20 April 2009
Procedural Posture
Criminal / Application for Basha Inquiry Prior to Trial
Outcome
Application for a Basha inquiry refused.
Legal Topics
['basha Inquiry' 'cross Examination of Witnesses' 'procedure in Criminal Trials']
['criminal Law'] ['basha Inquiry' 'cross Examination of Witnesses' 'procedure in Criminal Trials']

Case Brief

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Procedural Posture

Criminal / Application for Basha Inquiry Prior to Trial

Legal Issues

  1. 1 ['Whether a Basha inquiry should be conducted in respect of the evidence of Crown witness Ms Virginie Bond']

Ratio Decidendi

The applicant failed to demonstrate that the absence of a Basha inquiry would render the trial unfair, as much of the sought information could be obtained by other means; therefore, a Basha inquiry was not justified.

Court Disposition

Application for a Basha inquiry refused.

Orders

  • ['Application for a Basha inquiry is refused.']