R v Wilkie [2008] NSWSC 915

Leave to cross-examine was granted because the witness's statements on amendments versus reductions of reserves are materially inconsistent and significant to the trial's outcome.

Jurisdiction: Australia
Judgment Date: 03 September 2008
Procedural Posture: Criminal / Motion for Leave to Cross Examine Witness
Outcome: Motion for stay dismissed; leave to cross-examine granted.
Legal Topics: ['prior Inconsistent Statement' 'leave to Cross Examine Own Witness']

['evidence'] ['prior Inconsistent Statement' 'leave to Cross Examine Own Witness']

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Procedural Posture

Criminal / Motion for Leave to Cross Examine Witness

Legal Issues

1 ['Whether the witness made prior inconsistent statements justifying leave for the Crown to cross-examine' "Distinction between 'amendments' and 'reductions' of reserves in witness statements"]

Ratio Decidendi

Leave to cross-examine was granted because the witness's statements on amendments versus reductions of reserves are materially inconsistent and significant to the trial's outcome.

Court Disposition

Motion for stay dismissed; leave to cross-examine granted.

Orders

['Leave granted to Crown Prosecutor to cross-examine witness']