R v Lane [2014] NSWSC 1430

Ryan Lane's evidence regarding the injuries suffered by the accused is not favourable to the Crown and directly inconsistent with its case; therefore, the Crown is granted leave under s 38 Evidence Act 1995 (NSW) to cross-examine him as an unfavourable witness.

Parties: Crown: The Queen; Accused: Paul Ian Lane
Jurisdiction: Australia
Judgment Date: 15 October 2014
Procedural Posture: Criminal / Interlocutory Application
Outcome: Leave granted for the Crown to question Ryan Lane as though it were cross-examining him about unfavourable evidence under s 38 Evidence Act 1995 (NSW).
Legal Topics: Procedure, Unfavourable Witness, Cross Examination, Self Defence

Criminal Law Evidence Procedure Unfavourable Witness Cross Examination Self Defence

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Parties

The Queen

Crown

Paul Ian Lane

Accused

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

1 Whether the Crown is obliged to call Ryan Lane as a witness
2 Whether Ryan Lane is an unfavourable witness within the meaning of s 38 Evidence Act 1995 (NSW)
3 Appropriate procedure for eliciting evidence from an unfavourable witness

Ratio Decidendi

Court Disposition

Leave granted for the Crown to question Ryan Lane as though it were cross-examining him about unfavourable evidence under s 38 Evidence Act 1995 (NSW).

Orders

The Crown will call Ryan Lane, turn him over to the accused for cross-examination.
After completion, the Crown may examine Mr Ryan Lane, including by way of cross-examination as to evidence of the accused's injuries.