R v Green (No 7) [2021] NSWSC 1308

R v Green (No 7) [2021] NSWSC 1308

The proposed cross-examination of Sophie Luckwell by reference to Mr Carter's second account to police was inadmissible because asking her about Mr Carter's asserted intention or interest in having sex with Teah Luckwell was relevant only to Mr Carter's credibility and was not saved by any applicable exception. The proposed question whether Sophie Luckwell had slept with Mr Carter's friend was also not allowed because it was offensive or humiliating and did not affect her credibility, or alternatively contravened the credibility rule. However, limited questioning about the basis for Sophie Luckwell's suspicion that Mr Carter was having an affair with Teah Luckwell was permitted, including...

Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Criminal Procedural Ruling / Objection to Proposed Cross Examination of a Witness During Proceedings
Outcome
The objection to the proposed line of questioning is upheld.
Legal Topics
['cross Examination' 'credibility Evidence' 'improper Questions' 'closed Court' 'suppression or Non Publication']
['criminal Law' 'evidence'] ['cross Examination' 'credibility Evidence' 'improper Questions' 'closed Court' 'suppression or Non Publication']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Procedural Ruling / Objection to Proposed Cross Examination of a Witness During Proceedings

Legal Issues

  1. 1 ['Whether the accused should be permitted to cross-examine Sophie Luckwell about whether Wade Carter told her he intended to sleep with Teah Luckwell.' "Whether proposed questions about Sophie Luckwell having slept with Mr Carter's friend were improper or inadmissible credibility evidence." "Whether limited questions about the basis for Sophie Luckwell's suspicion that Mr Carter was having an affair with Teah Luckwell could be asked." 'Whether the argument should be dealt with in closed court for suppression or non-publication purposes.']

Ratio Decidendi

The proposed cross-examination of Sophie Luckwell by reference to Mr Carter's second account to police was inadmissible because asking her about Mr Carter's asserted intention or interest in having sex with Teah Luckwell was relevant only to Mr Carter's credibility and was not saved by any applicable exception. The proposed question whether Sophie Luckwell had slept with Mr Carter's friend was also not allowed because it was offensive or humiliating and did not affect her credibility, or alternatively contravened the credibility rule. However, limited questioning about the basis for Sophie Luckwell's suspicion that Mr Carter was having an affair with Teah Luckwell was permitted, including...

Court Disposition

The objection to the proposed line of questioning is upheld.

Orders

  • ["The objection to cross-examination of Sophie Luckwell by reference to Mr Carter's second account to police is upheld." "The accused may conduct limited exploration of the grounds for Sophie Luckwell's belief as at 27 March 2018 that her partner was having an affair with her sister." 'The matter was dealt with in...