Regina v Craig James McGarry [2007] NSWDC 339

Regina v Craig James McGarry [2007] NSWDC 339

The proposed defence witness' evidence was very significant to the credit of the principal Crown witness, and the convictions on which the Crown sought to cross-examine had substantial probative value concerning credibility. Following R v Lumsden, cross-examination was permitted but limited to dishonesty-related convictions and to offences committed since 23 May 2002 because they were closer in time.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Criminal Law Evidence Application / Application by the Crown Under S103 of the Evidence Act 1995 to Be Relieved of the Credibility Rule in Order to Cross Examine a Proposed Defence Witness
Outcome
Application under s103 of the Evidence Act 1995 granted.
Legal Topics
['credibility Rule' 'cross Examination of Witness' 'substantial Probative Value' 'criminal Record of Witness']
['criminal Law' 'evidence'] ['credibility Rule' 'cross Examination of Witness' 'substantial Probative Value' 'criminal Record of Witness']

Case Brief

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Procedural Posture

Criminal Law Evidence Application / Application by the Crown Under S103 of the Evidence Act 1995 to Be Relieved of the Credibility Rule in Order to Cross Examine a Proposed Defence Witness

Legal Issues

  1. 1 ['Whether the Crown should be relieved of the credibility rule under s103 of the Evidence Act 1995 to cross-examine Shane John Myers about his criminal record.' "Whether the proposed cross-examination had substantial probative value in relation to the witness' credibility." 'Whether any permitted cross-examination should be limited by subject matter and time.']

Ratio Decidendi

The proposed defence witness' evidence was very significant to the credit of the principal Crown witness, and the convictions on which the Crown sought to cross-examine had substantial probative value concerning credibility. Following R v Lumsden, cross-examination was permitted but limited to dishonesty-related convictions and to offences committed since 23 May 2002 because they were closer in time.

Court Disposition

Application under s103 of the Evidence Act 1995 granted.

Orders

  • ["The Crown's application was granted." 'Cross-examination was allowed to a limited extent under section 103 of the Evidence Act.' "Cross-examination was limited to convictions relating to the witness' credibility, concerning dishonesty such as break and enter and larceny, and driving a stolen car."...