R v Kilincer (No. 9) [2022] NSWSC 1736

R v Kilincer (No. 9) [2022] NSWSC 1736

The Court granted the Crown's application to cross-examine Mrs Kilincer under section 38, finding her evidence both unfavourable to the Crown and inconsistent with her previous accounts, including regarding the source of funds for overdue rent.

Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Section 38 Crown application to cross-examine witness granted.
Legal Topics
['crown Cross Examination of Own Witness' 'unfavourable or Inconsistent Evidence' 'section 38 Evidence Act 1995 (nsw)']
['criminal Law'] ['crown Cross Examination of Own Witness' 'unfavourable or Inconsistent Evidence' 'section 38 Evidence Act 1995 (nsw)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the Crown may cross-examine its own witness under section 38 of the Evidence Act 1995 (NSW) due to evidence being unfavourable or inconsistent with prior statements']

Ratio Decidendi

The Court granted the Crown's application to cross-examine Mrs Kilincer under section 38, finding her evidence both unfavourable to the Crown and inconsistent with her previous accounts, including regarding the source of funds for overdue rent.

Court Disposition

Section 38 Crown application to cross-examine witness granted.

Orders

  • ['The Crown is permitted to cross-examine Mrs Kilincer, including all particularised areas identified by the Crown.']