R v Jones & Ors (No3) [2007] NSWSC 771

R v Jones & Ors (No3) [2007] NSWSC 771

Because Carolyn Smith's honesty and reliability were important issues in the trial, her evidence was significant to the Crown case, and her denial that family members were armed was contested on issues including provocation and/or excessive self-defence, the prior deception-related matters had substantial probative value under s 103 of the Evidence Act notwithstanding their age. Cross-examination was therefore permitted on the Temora Local Court convictions and, with hesitation and limits, on the Victorian matter because of its similarity to the New South Wales offences and the witness's voir dire answers.

Jurisdiction
Australia
Judgment Date
03 April 2007
Procedural Posture
Criminal Trial / Evidentiary Ruling on Crown Objection to Cross Examination of Crown Witness About Antecedent Conduct
Outcome
Objection overruled.
Legal Topics
['cross Examination' 'credibility Evidence' 'antecedent Conduct' 'substantial Probative Value' 'remoteness in Time']
['criminal Law' 'evidence'] ['cross Examination' 'credibility Evidence' 'antecedent Conduct' 'substantial Probative Value' 'remoteness in Time']

Case Brief

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Procedural Posture

Criminal Trial / Evidentiary Ruling on Crown Objection to Cross Examination of Crown Witness About Antecedent Conduct

Legal Issues

  1. 1 ['Whether the Crown witness Carolyn Smith could be cross-examined about prior convictions for stealing and obtaining property by deception in 1995.' 'Whether the Crown witness Carolyn Smith could be cross-examined about a 1996 Victorian police interview concerning alleged theft of cheques where no charge was laid.' 'Whether the proposed credibility cross-examination had substantial probative value within s 103 of the Evidence Act despite the time elapsed and the nature of the matters.']

Ratio Decidendi

Because Carolyn Smith's honesty and reliability were important issues in the trial, her evidence was significant to the Crown case, and her denial that family members were armed was contested on issues including provocation and/or excessive self-defence, the prior deception-related matters had substantial probative value under s 103 of the Evidence Act notwithstanding their age. Cross-examination was therefore permitted on the Temora Local Court convictions and, with hesitation and limits, on the Victorian matter because of its similarity to the New South Wales offences and the witness's voir dire answers.

Court Disposition

Objection overruled.

Orders

  • ['The Crown objection to cross-examination of Carolyn Smith about aspects of her antecedent conduct was overruled.' 'Cross-examination was permitted in relation to the Temora Local Court convictions.' 'Cross-examination was permitted in relation to the Victorian matter, subject to restrictions.' 'Cross-examination...