R v Haile [2023] NSWSC 191

Permission to re-examine Lyndal Archbold by reference to her prior evidence in 2016 and 2017 is refused because her earlier statements and evidence-in-chief in the present trial have already addressed relevant issues; further re-examination would likely cause unfair prejudice to the accused, confuse the jury, and result in a substantial waste of time, exceeding any probative value.

Jurisdiction: Australia
Judgment Date: 08 March 2023
Procedural Posture: Criminal / Procedural Rulings on Re Examination of Witness
Outcome: Application refused
Legal Topics: ['re Examination of Witnesses' 'credit and Credibility' 'prior Consistent Statements' 'discretion to Exclude Evidence']

['criminal Law' 'evidence'] ['re Examination of Witnesses' 'credit and Credibility' 'prior Consistent Statements' 'discretion to Exclude Evidence']

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Procedural Posture

Criminal / Procedural Rulings on Re Examination of Witness

Legal Issues

1 ['Whether the Crown should be permitted to re-examine Lyndal Archbold by reference to prior evidence given in 2016 and 2017' 'Whether such re-examination is appropriate given the volume and consistency of previous evidence' 'Whether proposed re-examination would unfairly prejudice the accused or cause undue waste of time']

Ratio Decidendi

Court Disposition

Application refused

Orders

['Refuse to allow the Crown to re-examine Lyndal Archbold by reference to her evidence given in 2016 and 2017.']