R v Ronald Edward Medich (No. 33) [2018] NSWSC 268

R v Ronald Edward Medich (No. 33) [2018] NSWSC 268

The requirements of s 108(3)(a) of the Evidence Act 1995 (NSW) are satisfied where a prior inconsistent statement by the witness has been admitted. The Crown is granted leave to elicit the contents of the prior consistent statement on re-examination, as the mandatory considerations under s 192 strongly support such leave and there is no unfairness to the accused.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Criminal / Interlocutory Ruling (application for Leave During Trial)
Outcome
Leave granted to the Crown to elicit evidence in re-examination
Legal Topics
['re Examination' 'credibility of Witnesses' 'prior Consistent Statements' 'prior Inconsistent Statements' 'grant of Leave']
['criminal Law' 'evidence'] ['re Examination' 'credibility of Witnesses' 'prior Consistent Statements' 'prior Inconsistent Statements' 'grant of Leave']

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Procedural Posture

Criminal / Interlocutory Ruling (application for Leave During Trial)

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown to elicit the contents of a prior consistent statement during re-examination under s 108 of the Evidence Act 1995 (NSW)' 'Whether the credibility of the witness has been attacked so as to enliven s 108(3)(a) of the Act']

Ratio Decidendi

The requirements of s 108(3)(a) of the Evidence Act 1995 (NSW) are satisfied where a prior inconsistent statement by the witness has been admitted. The Crown is granted leave to elicit the contents of the prior consistent statement on re-examination, as the mandatory considerations under s 192 strongly support such leave and there is no unfairness to the accused.

Court Disposition

Leave granted to the Crown to elicit evidence in re-examination

Orders

  • ['Leave is granted to the Crown to elicit the evidence in question from Mr Shipley during re-examination.']