R v Perrine [2021] NSWDC 241

R v Perrine [2021] NSWDC 241

The circumstances were not so special or exceptional as to justify leave to re-open the Crown case and recall Officer Kim. The issue about threats arose only because the Crown asked a wide question in cross-examination without first obtaining instructions from police, and the Crown accepted the questions perhaps should not have been asked. Allowing recall would permit the Crown to benefit from its own wrong and would give Officer Kim's evidence unfair weight at the conclusion of the defence case, particularly where the alleged conversation was vague, about a year earlier, and not recorded in notes. The Busby house evidence was largely uncontroversial and provided no basis for recall.

Jurisdiction
Australia
Judgment Date
01 June 2021
Procedural Posture
Criminal / Procedural Ruling on the Crown's Voir Dire or Basha Application for Leave to Re Open Its Case and Recall Officer Kim After Defence Evidence
Outcome
The Crown's application for leave to re-open its case and recall Officer Kim is refused.
Legal Topics
['re Opening Crown Case' 'recall of Crown Witness' 'duress' 'cross Examination of Accused']
['criminal Law' 'evidence'] ['re Opening Crown Case' 'recall of Crown Witness' 'duress' 'cross Examination of Accused']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on the Crown's Voir Dire or Basha Application for Leave to Re Open Its Case and Recall Officer Kim After Defence Evidence

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to re-open its case after defence evidence and recall Officer Kim to deny that the accused told him about threats or dangerous people during the trip to Busby.' 'Whether the Crown should be granted leave to recall Officer Kim in respect of evidence about the location of the Busby house.']

Ratio Decidendi

The circumstances were not so special or exceptional as to justify leave to re-open the Crown case and recall Officer Kim. The issue about threats arose only because the Crown asked a wide question in cross-examination without first obtaining instructions from police, and the Crown accepted the questions perhaps should not have been asked. Allowing recall would permit the Crown to benefit from its own wrong and would give Officer Kim's evidence unfair weight at the conclusion of the defence case, particularly where the alleged conversation was vague, about a year earlier, and not recorded in notes. The Busby house evidence was largely uncontroversial and provided no basis for recall.

Court Disposition

The Crown's application for leave to re-open its case and recall Officer Kim is refused.

Orders

  • ["The Crown's application for leave to re-open its case and recall Officer Kim is refused."]