R v Ronald Edward Medich (No. 18) [2017] NSWSC 171

If the contents of paragraph (11) are elicited in cross-examination, the Crown will be allowed to re-examine the witness on the contents of paragraphs (12) and (17), as these are sufficiently related and s. 65(9) facilitates their admission, there being no unfair prejudice. Leading questions will not be allowed in cross-examination or re-examination save in respect of inconsistencies.

Jurisdiction: Australia
Judgment Date: 24 February 2017
Procedural Posture: Criminal / Procedural Application/ruling on Evidence
Outcome: Ruling on evidence
Legal Topics: ['cross Examination' 'leading Questions' 're Examination' 'hearsay Exception']

['criminal Law' 'evidence'] ['cross Examination' 'leading Questions' 're Examination' 'hearsay Exception']

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Procedural Posture

Criminal / Procedural Application/ruling on Evidence

Legal Issues

1 ['Whether cross-examination of a witness as to a specific part of a prior statement should permit re-examination as to related representations by the deceased' 'Whether the use of leading questions should be limited during cross-examination']

Ratio Decidendi

Court Disposition

Ruling on evidence

Orders

['If the contents of (11) are elicited in cross-examination, the Crown is permitted to re-examine Mr Sarina in respect of (12) and (17) of his statement.' 'Leading questions are not allowed on (11) in cross-examination or re-examination, except in respect of inconsistencies.']