R v Flentjar (No3) [2008] NSWSC 649

R v Flentjar (No3) [2008] NSWSC 649

Leave was granted to the Crown to cross-examine its own witness because the witness made an in-court statement inconsistent with a prior statement, satisfying s 38(1)(c), and it was not opposed by the accused's counsel. The Court considered the relevant discretionary provisions of the Evidence Act in granting leave.

Parties
Crown: Regina; Accused: Andrew Wayne Flentjar
Jurisdiction
Australia
Judgment Date
19 June 2008
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Leave granted
Legal Topics
Leave to Cross Examine Own Witness, Prior Inconsistent Statement, Application of Evidence Act S 38
Criminal Law Evidence Leave to Cross Examine Own Witness Prior Inconsistent Statement Application of Evidence Act S 38

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Parties

Regina

Crown

Andrew Wayne Flentjar

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether leave should be granted to the Crown to cross-examine its own witness under s 38 of the Evidence Act due to a prior inconsistent statement

Ratio Decidendi

Leave was granted to the Crown to cross-examine its own witness because the witness made an in-court statement inconsistent with a prior statement, satisfying s 38(1)(c), and it was not opposed by the accused's counsel. The Court considered the relevant discretionary provisions of the Evidence Act in granting leave.

Court Disposition

Leave granted

Orders

  • Leave is granted to the Crown to cross-examine Arthur Timbery under s 38 of the Evidence Act.