R v Turnbull (No. 20) [2016] NSWSC 799

R v Turnbull (No. 20) [2016] NSWSC 799

Because the Accused had raised the potentially large cost of fencing through Grant Turnbull's evidence, the Crown was entitled to cross-examine on that issue using relevant parts of the Land and Environment Court judgment to place the evidence in the context of the known position as at 29 July 2014, including that Preston CJ had expressed a conclusion favourable to the applicants involving very limited fencing, if any.

Jurisdiction
Australia
Judgment Date
17 May 2016
Procedural Posture
Criminal Murder Trial / Procedural Ruling on Defence Objection to Crown Cross Examination of Grant Turnbull
Outcome
Objection to Crown cross-examination of Grant Turnbull overruled.
Legal Topics
['murder Trial' 'cross Examination' 'admissibility of Evidence' 'remediation Orders' 'fencing Costs']
['criminal Law' 'evidence'] ['murder Trial' 'cross Examination' 'admissibility of Evidence' 'remediation Orders' 'fencing Costs']

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Procedural Posture

Criminal Murder Trial / Procedural Ruling on Defence Objection to Crown Cross Examination of Grant Turnbull

Legal Issues

  1. 1 ['Whether the Crown should be permitted to cross-examine Grant Turnbull about potential fencing of the "Colorado" and "Strathdoon" properties by reference to parts of Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84.' 'Whether evidence led by the Accused about the potential cost of fencing made Crown questioning on the issue admissible to show the known position as at 29 July 2014.']

Ratio Decidendi

Because the Accused had raised the potentially large cost of fencing through Grant Turnbull's evidence, the Crown was entitled to cross-examine on that issue using relevant parts of the Land and Environment Court judgment to place the evidence in the context of the known position as at 29 July 2014, including that Preston CJ had expressed a conclusion favourable to the applicants involving very limited fencing, if any.

Court Disposition

Objection to Crown cross-examination of Grant Turnbull overruled.

Orders

  • ['The Crown is allowed to ask questions of Grant Turnbull utilising parts of Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84 in a controlled fashion and by reference to particular parts of the judgment bearing on the fencing topic.' 'The objection to the question asked by the Crown...