R v Hufnagl, Ernst No.2 [2008] NSWDC 140

R v Hufnagl, Ernst No.2 [2008] NSWDC 140

Leave to cross-examine is granted under s.38 Evidence Act 1995, but strictly limited to questions on credit, specifically challenging Holloway's earlier rejection of the accused as the relevant person and his motive to lie. Cross-examination on the issue of identification is not permitted beyond these credit matters.

Parties
Prosecutor: Regina (Commonwealth); Accused: Ernst Hufnagl
Jurisdiction
Australia
Judgment Date
27 June 2008
Procedural Posture
Criminal / Interlocutory Judgment on Application to Cross Examine Witness
Outcome
Application granted in part
Legal Topics
Cross Examination, Evidence, Credibility of Witness, Identification of Accused
Criminal Law Cross Examination Evidence Credibility of Witness Identification of Accused

Case Brief

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Parties

Regina (Commonwealth)

Prosecutor

Ernst Hufnagl

Accused

Procedural Posture

Criminal / Interlocutory Judgment on Application to Cross Examine Witness

Legal Issues

  1. 1 Whether leave should be granted under s.38 Evidence Act 1995 to cross-examine a witness in re-examination
  2. 2 Scope of permissible cross-examination on issues of credit and identification

Ratio Decidendi

Leave to cross-examine is granted under s.38 Evidence Act 1995, but strictly limited to questions on credit, specifically challenging Holloway's earlier rejection of the accused as the relevant person and his motive to lie. Cross-examination on the issue of identification is not permitted beyond these credit matters.

Court Disposition

Application granted in part

Orders

  • Leave to cross-examine granted; cross-examination strictly limited to questions challenging Holloway's earlier rejection of accused as relevant person and regarding witness's motive to lie