R v Turnbull (No. 18) [2016] NSWSC 792

R v Turnbull (No. 18) [2016] NSWSC 792

By introducing in cross-examination Sheahan J's finding that 38.7 hectares had been unlawfully cleared, the defence opened the door to re-examination about associated findings in the same judgment concerning the number of trees removed and the substantial environmental harm. The proposed questions therefore arose out of cross-examination, subject to being asked in a manner that avoided uncontrolled opinion from Mr Bailey.

Jurisdiction
Australia
Judgment Date
12 May 2016
Procedural Posture
Criminal Murder Trial / Procedural Ruling on Defence Objection to Crown Re Examination of Witness
Outcome
Crown allowed to re-examine Terrence Bailey on specific findings made by the Land and Environment Court.
Legal Topics
['murder Trial' 're Examination' 'cross Examination' 'admissibility of Findings From Earlier Judgments' 'native Vegetation Clearing']
['criminal Law' 'evidence'] ['murder Trial' 're Examination' 'cross Examination' 'admissibility of Findings From Earlier Judgments' 'native Vegetation Clearing']

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Procedural Posture

Criminal Murder Trial / Procedural Ruling on Defence Objection to Crown Re Examination of Witness

Legal Issues

  1. 1 ["Whether the Crown's proposed questions in re-examination of Terrence Bailey concerning findings made by Sheahan J in the Land and Environment Court arose out of cross-examination." 'Whether s.91 Evidence Act 1995 prevented the proposed re-examination if the questions arose out of cross-examination.']

Ratio Decidendi

By introducing in cross-examination Sheahan J's finding that 38.7 hectares had been unlawfully cleared, the defence opened the door to re-examination about associated findings in the same judgment concerning the number of trees removed and the substantial environmental harm. The proposed questions therefore arose out of cross-examination, subject to being asked in a manner that avoided uncontrolled opinion from Mr Bailey.

Court Disposition

Crown allowed to re-examine Terrence Bailey on specific findings made by the Land and Environment Court.

Orders

  • ["The parts of [110], [126], [129] and [136] of Sheahan J's judgment may be utilised by the Crown in re-examination." 'The Crown may re-examine Mr Bailey in this way.']