R v Davis and Quinn (No 7) [2020] NSWSC 1907

R v Davis and Quinn (No 7) [2020] NSWSC 1907

Leave was refused because (1) there was no factual basis to suggest the witness heard a male voice instead of a female, (2) the proposed application was inconsistent with the Crown's prior statements and evidence without notice to the defence, and (3) all versions of the witness's evidence identified the voice as female.

Jurisdiction
Australia
Judgment Date
23 November 2020
Procedural Posture
Criminal / Interlocutory Application for Leave to Cross Examine Own Witness Under S 38 Evidence Act 1995 (nsw)
Outcome
Leave to cross-examine under s 38(1) Evidence Act 1995 (NSW) refused.
Legal Topics
['murder' 'joint Criminal Enterprise' 'self Defence' 'excessive Self Defence' 'leave to Cross Examine Witness' 'unfavourable Witness' 'procedural Fairness']
['criminal Law'] ['murder' 'joint Criminal Enterprise' 'self Defence' 'excessive Self Defence' 'leave to Cross Examine Witness' 'unfavourable Witness' 'procedural Fairness']

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Procedural Posture

Criminal / Interlocutory Application for Leave to Cross Examine Own Witness Under S 38 Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown to cross-examine its own witness Lynne Charlesworth under s 38(1) Evidence Act 1995 (NSW)' 'Whether there is a factual basis to suggest the witness is unreliable regarding the gender of the voice she heard']

Ratio Decidendi

Leave was refused because (1) there was no factual basis to suggest the witness heard a male voice instead of a female, (2) the proposed application was inconsistent with the Crown's prior statements and evidence without notice to the defence, and (3) all versions of the witness's evidence identified the voice as female.

Court Disposition

Leave to cross-examine under s 38(1) Evidence Act 1995 (NSW) refused.

Orders

  • ['Leave is refused for the Crown to cross-examine the witness Lynne Charlesworth under s 38(1) Evidence Act 1995 (NSW).']