Regina v Suteski [No 1] [2002] NSWSC 224

Regina v Suteski [No 1] [2002] NSWSC 224

Re-examination should be permitted where cross-examination leaves an incomplete and potentially misleading picture; however, re-examination should be confined to contextually relevant portions only, not extensive unrelated evidence.

Parties
Prosecution: Regina; Accused: Sneza Suteski
Jurisdiction
Australia
Judgment Date
05 March 2002
Procedural Posture
Criminal / Ruling During Trial (re Examination of Witness)
Outcome
Objection allowed in part; re-examination permitted on limited grounds.
Legal Topics
Re Examination of Witness, Context of Prior Statements, Murder Trial
Evidence Criminal Law Re Examination of Witness Context of Prior Statements Murder Trial

Case Brief

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Parties

Regina

Prosecution

Sneza Suteski

Accused

Procedural Posture

Criminal / Ruling During Trial (re Examination of Witness)

Legal Issues

  1. 1 Whether re-examination of Witness W should be permitted to provide context to cross-examination answers about instructions from the accused.
  2. 2 Extent to which prior police interview answers can be used in re-examination.

Ratio Decidendi

Re-examination should be permitted where cross-examination leaves an incomplete and potentially misleading picture; however, re-examination should be confined to contextually relevant portions only, not extensive unrelated evidence.

Court Disposition

Objection allowed in part; re-examination permitted on limited grounds.

Orders

  • Re-examination of Witness W allowed in relation to selected portions of the police interview, including questions 150 and 151, and part of question 123 as specified.
  • Excluded questions and answers referred to as question 149 from re-examination.