R v DLW (No. 2) [2020] NSWDC 282

R v DLW (No. 2) [2020] NSWDC 282

Leave was granted to the Crown to cross-examine its witness under s 38(1)(a) and s 38(3) of the Evidence Act 1995 (NSW) because the evidence was 'unfavourable' in relevant respects, lateness of notice did not preclude the application, and discretionary considerations under s 192, notably lack of demonstrable unfairness, supported the exercise of discretion.

Parties
Prosecution: Director of Public Prosecutions; Accused: Mr DLW
Jurisdiction
Australia
Judgment Date
27 May 2020
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Leave granted to the Crown to cross-examine the witness under s 38(1)(a) and s 38(3) of the Evidence Act 1995 (NSW).
Legal Topics
Trial by Judge Alone, Child Sexual Offences, Cross Examination of Witness, Unfavourable Evidence, Late Notice, Discretionary Considerations for Granting Leave
Criminal Law Trial by Judge Alone Child Sexual Offences Cross Examination of Witness Unfavourable Evidence Late Notice Discretionary Considerations for Granting Leave

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecution

Mr DLW

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether leave should be granted to the Crown under s 38 of the Evidence Act 1995 (NSW) to cross-examine its own witness on unfavourable evidence
  2. 2 Whether late notice of the application precludes such leave
  3. 3 Whether discretionary considerations under s 192 of the Evidence Act warrant granting leave

Ratio Decidendi

Leave was granted to the Crown to cross-examine its witness under s 38(1)(a) and s 38(3) of the Evidence Act 1995 (NSW) because the evidence was 'unfavourable' in relevant respects, lateness of notice did not preclude the application, and discretionary considerations under s 192, notably lack of demonstrable unfairness, supported the exercise of discretion.

Court Disposition

Leave granted to the Crown to cross-examine the witness under s 38(1)(a) and s 38(3) of the Evidence Act 1995 (NSW).

Orders

  • Leave be extended to the Crown to cross-examine the witness on the subject matters identified during argument.