R v Warwick (No.53) [2018] NSWSC 1714
The trial judge has no power to prohibit the prosecution from calling a witness on the basis that the witness has been discredited or criticised in another proceeding; that discretion rests entirely with the prosecution, subject to rules of admissibility, and challenges to credibility or reliability should be made after the witness has given evidence.
- Jurisdiction
- Australia
- Judgment Date
- 15 October 2018
- Procedural Posture
- Criminal / Interlocutory Application During Trial
- Outcome
- Notice of Motion dismissed
- Legal Topics
- ['calling of Witnesses by Prosecution' 'expert Evidence' "trial Judge's Powers in Criminal Proceedings" 'fair Trial Rights']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Interlocutory Application During Trial
Legal Issues
- 1 ['Whether the trial judge has power to prohibit the Crown from calling a witness on the basis of findings made in an unrelated inquiry' 'Whether criticisms of a witness in another case are sufficient to justify an order prohibiting the prosecution from calling that witness as an expert in the current trial']
Ratio Decidendi
The trial judge has no power to prohibit the prosecution from calling a witness on the basis that the witness has been discredited or criticised in another proceeding; that discretion rests entirely with the prosecution, subject to rules of admissibility, and challenges to credibility or reliability should be made after the witness has given evidence.
Court Disposition
Notice of Motion dismissed
Orders
- ['Notice of Motion of the Accused of 15 October 2018 dismissed.']
Full Case Text
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