R v Chalabian (No. 6) [2022] NSWSC 209

R v Chalabian (No. 6) [2022] NSWSC 209

The proposed procedure does not constitute the use of leading questions under the Evidence Act 1995, and even if technically leading, is permitted as the questions relate to matters not in dispute (s.37(1)(d)). Consequently, the defence objection was overruled.

Jurisdiction
Australia
Judgment Date
02 March 2022
Procedural Posture
Criminal / Jury Trial; Procedural Ruling During Examination in Chief of Crown Witness
Outcome
Defence objection overruled.
Legal Topics
['leading Questions' 'examination in Chief' 'section 37 Evidence Act 1995']
['criminal Law' 'evidence'] ['leading Questions' 'examination in Chief' 'section 37 Evidence Act 1995']

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 / Jury Trial; Procedural Ruling During Examination in Chief of Crown Witness

Legal Issues

  1. 1 ['Whether the proposed examination-in-chief of the Crown witness constitutes the use of leading questions prohibited by s.37 Evidence Act 1995']

Ratio Decidendi

The proposed procedure does not constitute the use of leading questions under the Evidence Act 1995, and even if technically leading, is permitted as the questions relate to matters not in dispute (s.37(1)(d)). Consequently, the defence objection was overruled.

Court Disposition

Defence objection overruled.

Orders

  • ['Objection as to the proposed examination-in-chief mechanism is overruled.']