R v Spiteri-Ahern; R v Barber; R v Zraika (No 4) [2017] NSWSC 1278

R v Spiteri-Ahern; R v Barber; R v Zraika (No 4) [2017] NSWSC 1278

Although the Court was not wholly convinced that the proposed matters arose in the strict sense, they were so closely connected with credit issues raised in cross-examination by defence counsel that leave should be granted under s 39(b) of the Evidence Act 1995 for the Crown to adduce the re-examination evidence to re-establish credit, with leave also granted to accused counsel to cross-examine on material that might not otherwise have been available before re-examination.

Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Criminal Procedural Ruling / Re Examination of Witness by Crown; Leave Application Concerning Evidence to Re Establish Credit
Outcome
Leave granted to the Crown to adduce evidence in re-examination to re-establish credit; leave also granted to counsel for the accused to cross-examine on material that might not otherwise have been available prior to re-examination.
Legal Topics
['re Examination' 'credibility Evidence' 'prior Consistent Statements' 'prior Inconsistent Statements' 'leave to Adduce Evidence' 'cross Examination on Credit']
['evidence' 'criminal Procedure'] ['re Examination' 'credibility Evidence' 'prior Consistent Statements' 'prior Inconsistent Statements' 'leave to Adduce Evidence' 'cross Examination on Credit']

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Procedural Posture

Criminal Procedural Ruling / Re Examination of Witness by Crown; Leave Application Concerning Evidence to Re Establish Credit

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to adduce evidence in re-examination to re-establish the credit of a witness.' 'The operation of s 108(1) and s 108(3) of the Evidence Act 1995 in relation to credibility evidence and consistent statements.' 'Whether the proposed re-examination material arose from, or was sufficiently connected with, matters of credit raised in cross-examination.' 'Whether s 39 of the Evidence Act 1995 must be complied with in re-examination, including on credit.']

Ratio Decidendi

Although the Court was not wholly convinced that the proposed matters arose in the strict sense, they were so closely connected with credit issues raised in cross-examination by defence counsel that leave should be granted under s 39(b) of the Evidence Act 1995 for the Crown to adduce the re-examination evidence to re-establish credit, with leave also granted to accused counsel to cross-examine on material that might not otherwise have been available before re-examination.

Court Disposition

Leave granted to the Crown to adduce evidence in re-examination to re-establish credit; leave also granted to counsel for the accused to cross-examine on material that might not otherwise have been available prior to re-examination.

Orders

  • ['Leave granted to the Crown pursuant to s 39(b) of the Evidence Act 1995 for the Crown to adduce evidence in re-examination to re-establish credit.' 'Leave granted to counsel for the accused to cross-examine on material that might not otherwise have been available to them prior to re-examination.']