R v Johnson (No 2) [2017] NSWSC 565

R v Johnson (No 2) [2017] NSWSC 565

The marked contrast between Mr Smith's detailed earlier statement and his near-total lack of memory during testimony, his incarceration, the unresponsiveness and surly demeanour in court, and the gravity of the proceedings led the court to be satisfied that Mr Smith was not making a genuine attempt to give evidence. Granting leave to cross-examine would not unfairly prejudice the accused or unduly prolong the trial, and was necessary in the interests of justice.

Parties
Crown: Regina; Accused: Steven John Johnson
Jurisdiction
Australia
Judgment Date
09 May 2017
Procedural Posture
Criminal / Interlocutory Application Within a Murder Trial
Outcome
Leave granted to the Crown to cross-examine Mr Michael Smith regarding the events of Friday 15 May 2015 that appear in voir dire exhibit K and about which he has not yet given evidence before the jury.
Legal Topics
Cross Examination of Witness, Application for Leave to Cross Examine Own Witness, Genuineness of Witness Evidence
Criminal Law Cross Examination of Witness Application for Leave to Cross Examine Own Witness Genuineness of Witness Evidence

Case Brief

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Parties

Regina

Crown

Steven John Johnson

Accused

Procedural Posture

Criminal / Interlocutory Application Within a Murder Trial

Legal Issues

  1. 1 Whether the Crown should be granted leave to cross-examine its own witness under s 38(1)(b) of the Evidence Act 1995 (NSW)
  2. 2 Whether the witness (Mr Michael Smith) is making a genuine effort to give evidence

Ratio Decidendi

The marked contrast between Mr Smith's detailed earlier statement and his near-total lack of memory during testimony, his incarceration, the unresponsiveness and surly demeanour in court, and the gravity of the proceedings led the court to be satisfied that Mr Smith was not making a genuine attempt to give evidence. Granting leave to cross-examine would not unfairly prejudice the accused or unduly prolong the trial, and was necessary in the interests of justice.

Court Disposition

Leave granted to the Crown to cross-examine Mr Michael Smith regarding the events of Friday 15 May 2015 that appear in voir dire exhibit K and about which he has not yet given evidence before the jury.

Orders

  • The Crown is granted leave to cross-examine Mr Michael Smith about any aspect of the events of Friday 15 May 2015 that appear in voir dire exhibit K and about which he has not yet given evidence before the jury.