Regina v Craig James McGarry [2007] NSWDC 338

Regina v Craig James McGarry [2007] NSWDC 338

The shoplifting conviction entered in 2005 was relevant to the proposed defence witness's credibility and had substantial probative value because it demonstrated an inclination to be dishonest. The other matters, although not convictions, involved mental health conditional discharges and therefore affected the witness's reliability. The Crown was relieved of compliance with the credibility rule under s103 of the Evidence Act 1995 and permitted to cross-examine on reliability, but only by generic references to offences rather than specifying the charged matters.

Jurisdiction
Australia
Judgment Date
04 July 2007
Procedural Posture
Criminal Law / Crown Application to Cross Examine a Defence Witness During Trial
Outcome
Application under s103 of the Evidence Act 1995 granted. Application to cross-examine on reliability granted.
Legal Topics
['cross Examination of Defence Witness' 'credibility' 'reliability' 'mental Health of Witness' 'substantial Probative Value']
['criminal Law' 'evidence'] ['cross Examination of Defence Witness' 'credibility' 'reliability' 'mental Health of Witness' 'substantial Probative Value']

Case Brief

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Procedural Posture

Criminal Law / Crown Application to Cross Examine a Defence Witness During Trial

Legal Issues

  1. 1 ['Whether the Crown should be permitted under s103 of the Evidence Act 1995 to cross-examine a proposed defence witness about a shoplifting conviction relevant to credibility.' 'Whether the Crown should be permitted to cross-examine the proposed defence witness about mental condition and mental health orders as matters affecting reliability.']

Ratio Decidendi

The shoplifting conviction entered in 2005 was relevant to the proposed defence witness's credibility and had substantial probative value because it demonstrated an inclination to be dishonest. The other matters, although not convictions, involved mental health conditional discharges and therefore affected the witness's reliability. The Crown was relieved of compliance with the credibility rule under s103 of the Evidence Act 1995 and permitted to cross-examine on reliability, but only by generic references to offences rather than specifying the charged matters.

Court Disposition

Application under s103 of the Evidence Act 1995 granted. Application to cross-examine on reliability granted.

Orders

  • ['The Crown may cross-examine Shane Raymond Downes about his shoplifting conviction.' 'The Crown may cross-examine Shane Raymond Downes about his mental condition and the orders entered in relation to the offences.' 'The Crown must not specify the matters with which Shane Raymond Downes had been charged in each...