R v Droudis (No. 3) [2016] NSWSC 1553

R v Droudis (No. 3) [2016] NSWSC 1553

Leave is granted to the Crown under s.38 Evidence Act 1995 to cross-examine its own witness, Mr Quiney, on the basis that he is unfavourable and has made prior inconsistent statements, and also to question him solely as to credibility, having weighed the statutory and discretionary considerations.

Jurisdiction
Australia
Judgment Date
29 August 2016
Procedural Posture
Criminal / Pre Trial/interlocutory Ruling in Murder Trial
Outcome
Leave granted to the Crown to cross-examine Mr Quiney under s.38 Evidence Act 1995, including on prior inconsistent statements and credibility matters.
Legal Topics
['cross Examination of Own Witness' 'unfavourable Witness' 'prior Inconsistent Statements' 'credibility of Witness']
['criminal Law' 'evidence'] ['cross Examination of Own Witness' 'unfavourable Witness' 'prior Inconsistent Statements' 'credibility of Witness']

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Procedural Posture

Criminal / Pre Trial/interlocutory Ruling in Murder Trial

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown under s.38 Evidence Act 1995 to cross-examine its own witness Mr Quiney' "Whether Mr Quiney is an 'unfavourable' witness" 'Whether there are prior inconsistent statements attributable to Mr Quiney' 'Whether the Crown should be permitted to cross-examine Mr Quiney solely on credibility']

Ratio Decidendi

Leave is granted to the Crown under s.38 Evidence Act 1995 to cross-examine its own witness, Mr Quiney, on the basis that he is unfavourable and has made prior inconsistent statements, and also to question him solely as to credibility, having weighed the statutory and discretionary considerations.

Court Disposition

Leave granted to the Crown to cross-examine Mr Quiney under s.38 Evidence Act 1995, including on prior inconsistent statements and credibility matters.

Orders

  • ['Leave is granted to the Crown to cross-examine Mr Quiney on matters arising from MFIs 11, 12, 13, his statement (MFI10), and transcript evidence; further, leave is granted to cross-examine on credibility issues by reference to MFI15 and MFI16.']