R v Deborah Joy Davidson & Anor [2000] NSWSC 197

R v Deborah Joy Davidson & Anor [2000] NSWSC 197

The specified prior violent offences and the pending aggravated robbery matter each had significant probative value for the purpose of establishing the witness' tendency to behave violently, so cross-examination on those matters was allowed. The alias "Eddie the Knife" did not satisfy s 97(1)(b) and was excluded. The alleged conviction for trafficking in drugs resulting in imprisonment had substantial probative value for credit under s 103, so cross-examination on that topic was allowed.

Jurisdiction
Australia
Judgment Date
02 March 2000
Procedural Posture
Criminal Law Application to Cross Examine Witness on Criminal Record / Judgment on Application to Cross Examine Edward William Szkudelski on Criminal Record
Outcome
Application allowed in part.
Legal Topics
['tendency Evidence' 'cross Examination' 'witness Criminal Record' 'credibility Evidence']
['criminal Law' 'evidence'] ['tendency Evidence' 'cross Examination' 'witness Criminal Record' 'credibility Evidence']

Case Brief

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Procedural Posture

Criminal Law Application to Cross Examine Witness on Criminal Record / Judgment on Application to Cross Examine Edward William Szkudelski on Criminal Record

Legal Issues

  1. 1 ['Whether the accused should be permitted under s 97 of the Evidence Act 1995 to cross-examine Edward Szkudelski about entries in his criminal record to establish a tendency to behave violently.' 'Whether evidence about the witness\' alias "Eddie the Knife" should be allowed as tendency evidence.' 'Whether the accused should be permitted under s 103 of the Evidence Act 1995 to cross-examine the witness about an alleged conviction for trafficking in drugs for the purposes of credit.' 'Whether non-compliance with the notice requirements of Part 3.6 of the Evidence Act 1995 should be dispensed with under s 100.']

Ratio Decidendi

The specified prior violent offences and the pending aggravated robbery matter each had significant probative value for the purpose of establishing the witness' tendency to behave violently, so cross-examination on those matters was allowed. The alias "Eddie the Knife" did not satisfy s 97(1)(b) and was excluded. The alleged conviction for trafficking in drugs resulting in imprisonment had substantial probative value for credit under s 103, so cross-examination on that topic was allowed.

Court Disposition

Application allowed in part.

Orders

  • ['Notice requirements under Part 3.6 of the Evidence Act 1995 were dispensed with to the extent of non-compliance.' 'Cross-examination of Edward Szkudelski was allowed in respect of the specified offences of violence and the pending aggravated robbery offence contrary to s 95(1) of the Crimes Act.' 'Evidence was not...