R v Keli LANE [No 1] [2010] NSWSC 1528

R v Keli LANE [No 1] [2010] NSWSC 1528

It was neither appropriate nor fair to allow cross-examination under s 38 after cross-examination in light of the parties' agreement and the lack of critical importance of the topic, especially given the passage of time and the witness's candid concession of her lack of recall.

Jurisdiction
Australia
Judgment Date
17 August 2010
Procedural Posture
Criminal / Application During Trial
Outcome
Application refused
Legal Topics
['cross Examination' 'prior Inconsistent Statements' 'section 38 Evidence Act']
['criminal Law'] ['cross Examination' 'prior Inconsistent Statements' 'section 38 Evidence Act']

Case Brief

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Procedural Posture

Criminal / Application During Trial

Legal Issues

  1. 1 ["Whether the Crown should be permitted to question a witness under s 38 of the Evidence Act after cross-examination in the context of an agreed procedure regarding the witness's police statement"]

Ratio Decidendi

It was neither appropriate nor fair to allow cross-examination under s 38 after cross-examination in light of the parties' agreement and the lack of critical importance of the topic, especially given the passage of time and the witness's candid concession of her lack of recall.

Court Disposition

Application refused

Orders

  • ["The Crown's application to question the witness under s 38 of the Evidence Act is refused."]