R v A2; R v KM; R v Vaziri (No. 11) [2015] NSWSC 1541

R v A2; R v KM; R v Vaziri (No. 11) [2015] NSWSC 1541

Leave was granted to the Crown to cross-examine A3 under s.38 Evidence Act 1995 on the topics where the requirements of s.38(1)(a)-(c) were satisfied, namely in respect of her limited response regarding the events in the bedroom and demonstrated inconsistency on the topic of 'khatna', but leave was refused in respect of the 'Africa checking' story and the suggested role of KM as circumciser as the necessary basis for leave was not established.

Jurisdiction
Australia
Judgment Date
12 October 2015
Procedural Posture
Criminal / Interlocutory Application for Leave to Cross Examine Witness Under S.38 Evidence Act 1995
Outcome
Leave granted in part
Legal Topics
['cross Examination of Witness' 'evidence Act 1995 S.38' 'procedural Ruling']
['criminal Law'] ['cross Examination of Witness' 'evidence Act 1995 S.38' 'procedural Ruling']

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Procedural Posture

Criminal / Interlocutory Application for Leave to Cross Examine Witness Under S.38 Evidence Act 1995

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown to cross-examine its own witness (A3) under s.38 of the Evidence Act 1995 on certain topics']

Ratio Decidendi

Leave was granted to the Crown to cross-examine A3 under s.38 Evidence Act 1995 on the topics where the requirements of s.38(1)(a)-(c) were satisfied, namely in respect of her limited response regarding the events in the bedroom and demonstrated inconsistency on the topic of 'khatna', but leave was refused in respect of the 'Africa checking' story and the suggested role of KM as circumciser as the necessary basis for leave was not established.

Court Disposition

Leave granted in part

Orders

  • ['Leave granted to the Crown under s.38 Evidence Act 1995 to cross-examine A3 on certain identified topics.' "Leave refused on the topics of the 'Africa checking' story and the suggested role of KM as circumciser."]