R v AA, AC, SS, Tatchell & Wildsmith [No 1] [2009] NSWSC 1414

Leave was given to the Crown to cross-examine the witness, Mr Shahidi, in the presence of the jury pursuant to s 38 Evidence Act 1995. The evidence of Mr Shahidi's police statement was admitted because its probative value was not significantly outweighed by any prejudicial effect, and the jury would be appropriately directed regarding its use.

Jurisdiction: Australia
Judgment Date: 23 November 2009
Procedural Posture: Criminal / Ruling on Application for Leave to Cross Examine Unfavourable Witness
Outcome: Leave granted to Crown to cross-examine unfavourable witness under s 38 Evidence Act 1995
Legal Topics: ['procedure' 'cross Examination of Unfavourable Witness' 'hearsay Evidence' 'exclusion Under S 137 Evidence Act']

['criminal Law'] ['procedure' 'cross Examination of Unfavourable Witness' 'hearsay Evidence' 'exclusion Under S 137 Evidence Act']

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Procedural Posture

Criminal / Ruling on Application for Leave to Cross Examine Unfavourable Witness

Legal Issues

1 ['Whether leave should be granted to cross-examine a Crown witness under s 38 Evidence Act 1995' 'Whether hearsay evidence including admissions should be excluded as unfairly prejudicial under s 137' 'Whether cross-examination should occur before the jury or on a voir dire']

Ratio Decidendi

Court Disposition

Leave granted to Crown to cross-examine unfavourable witness under s 38 Evidence Act 1995

Orders

['Leave given to cross examine under s 38 Evidence Act 1995 in terms of s 192.' 'Cross-examination to occur in presence of jury.']