R v Dickson; R v Issakidis (No 11) [2014] NSWSC 1570

R v Dickson; R v Issakidis (No 11) [2014] NSWSC 1570

Leave granted for the Crown to cross-examine Mr Dickson and lead evidence by way of rebuttal concerning matters that solely arose from Dickson's evidence and that could not reasonably have been foreseen; leave refused where material was reasonably foreseeable; re-opening refused; directions will be given to mitigate prejudice to the co-accused Issakidis.

Parties
Prosecutor: Crown; Accused: Anthony James Dickson; Accused: Michael John Issakidis
Jurisdiction
Australia
Judgment Date
05 November 2014
Procedural Posture
Criminal / Application During Trial for Leave to Lead Evidence in Reply and Cross Examine Accused
Outcome
Application granted in part, refused in part.
Legal Topics
Rebuttal Evidence, Cross Examination, Re Opening Cases, Prejudice in Joint Trials
Criminal Law Rebuttal Evidence Cross Examination Re Opening Cases Prejudice in Joint Trials

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Parties

Crown

Prosecutor

Anthony James Dickson

Accused

Michael John Issakidis

Accused

Procedural Posture

Criminal / Application During Trial for Leave to Lead Evidence in Reply and Cross Examine Accused

Legal Issues

  1. 1 Whether the Crown can cross-examine the accused Dickson using certain materials and lead evidence in reply
  2. 2 Whether the Crown can re-open its case
  3. 3 Risk of prejudice to co-accused Issakidis

Ratio Decidendi

Leave granted for the Crown to cross-examine Mr Dickson and lead evidence by way of rebuttal concerning matters that solely arose from Dickson's evidence and that could not reasonably have been foreseen; leave refused where material was reasonably foreseeable; re-opening refused; directions will be given to mitigate prejudice to the co-accused Issakidis.

Court Disposition

Application granted in part, refused in part.

Orders

  • Crown permitted to cross-examine Mr Dickson on designated material and lead evidence in reply where appropriate.
  • Crown not permitted to re-open its case except as allowed for rebuttal.