R v Garland [2023] NSWSC 1380

R v Garland [2023] NSWSC 1380

Leave is granted to cross-examine as the witness's evidence on relevant subject matters was unfavourable, inconsistent with her earlier statement, and she was not making a genuine attempt to give evidence.

Jurisdiction
Australia
Judgment Date
24 October 2023
Procedural Posture
Criminal / Procedural Ruling
Outcome
Leave granted to the prosecutor under s 38(1) of the Evidence Act 1995 (NSW).
Legal Topics
['evidence' 'leave to Cross Examine' 'unfavourable Witness' 'prior Inconsistent Statement']
['criminal Law'] ['evidence' 'leave to Cross Examine' 'unfavourable Witness' 'prior Inconsistent Statement']

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Procedural Posture

Criminal / Procedural Ruling

Legal Issues

  1. 1 ['Whether leave should be granted to the prosecutor to cross examine a witness under s 38 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

Leave is granted to cross-examine as the witness's evidence on relevant subject matters was unfavourable, inconsistent with her earlier statement, and she was not making a genuine attempt to give evidence.

Court Disposition

Leave granted to the prosecutor under s 38(1) of the Evidence Act 1995 (NSW).

Orders

  • ['Leave granted to Prosecutor to cross-examine the witness under s 38(1) of the Evidence Act 1995 (NSW)']