R v MUJUEIVC, SALIBA, RYMER, CUSENS [2017] NSWDC 213

R v MUJUEIVC, SALIBA, RYMER, CUSENS [2017] NSWDC 213

Cross-examination on Mr Christian's 'demand money with menaces' charges was not permitted as such matters would not substantially affect the assessment of his credibility under s 103 of the Evidence Act 1995 (NSW); the offence contexts did not clearly raise issues of dishonesty and thus did not meet the statutory test.

Parties
Prosecution: Regina; Accused: Eldin Mujuevic; Accused: Jamie Saliba; Accused: Chris Michael Rymer; Accused: Troy Cusens
Jurisdiction
Australia
Judgment Date
05 April 2017
Procedural Posture
Criminal / Interlocutory Application Ruling
Outcome
Cross-examination on credibility not permitted
Legal Topics
Credibility of Witness, Cross Examination, Evidence Admissibility
Criminal Law Evidence Credibility of Witness Cross Examination Evidence Admissibility

Case Brief

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Parties

Regina

Prosecution

Eldin Mujuevic

Accused

Jamie Saliba

Accused

Chris Michael Rymer

Accused

Troy Cusens

Accused

Procedural Posture

Criminal / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether cross-examination of the principal Crown witness (Mr Christian) on outstanding charges is permitted under the credibility rule in Evidence Act 1995 (NSW) ss 102 and 103

Ratio Decidendi

Cross-examination on Mr Christian's 'demand money with menaces' charges was not permitted as such matters would not substantially affect the assessment of his credibility under s 103 of the Evidence Act 1995 (NSW); the offence contexts did not clearly raise issues of dishonesty and thus did not meet the statutory test.

Court Disposition

Cross-examination on credibility not permitted

Orders

  • Cross-examination of Mr Christian about the two 'demand property with menaces' offences is not permitted.