R v Dickson; R v Issakidis (No 5) [2014] NSWSC 1351

R v Dickson; R v Issakidis (No 5) [2014] NSWSC 1351

The witness's evidence about the alleged call to Peggy Wong was unfavourable to the Crown, especially in circumstances where there was no documentary evidence supporting Peggy Wong's existence apart from signatures on valuations whose veracity and integrity the Crown attacked. Although the Crown led the evidence, it had an obligation to call material witnesses and ask questions on relevant matters. Fairness to the Crown, both accused and the witness warranted granting leave so the Crown could test the evidence and the witness could respond before any submission was made that his evidence should not be accepted. The leave was limited to cross-examining to the effect that the witness was...

Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Criminal Proceeding; Procedural Evidentiary Ruling / Crown Application for Leave Under S 38 of the Evidence Act 1995 (cth) During Trial
Outcome
Application granted.
Legal Topics
['unfavourable Witness' 'leave to Cross Examine Own Witness' 'section 38 Evidence Act' 'discretionary Factors Under S 192']
['evidence' 'criminal Law'] ['unfavourable Witness' 'leave to Cross Examine Own Witness' 'section 38 Evidence Act' 'discretionary Factors Under S 192']

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Procedural Posture

Criminal Proceeding; Procedural Evidentiary Ruling / Crown Application for Leave Under S 38 of the Evidence Act 1995 (cth) During Trial

Legal Issues

  1. 1 ['Whether the Crown should be granted leave under s 38 of the Evidence Act 1995 (Cth) to question its witness Mr Michael Harper about evidence concerning Peggy Wong.' 'Whether the evidence was unfavourable to the Crown and whether fairness considerations under s 192 warranted granting leave.' 'What scope of leave should be granted for the proposed questioning.']

Ratio Decidendi

The witness's evidence about the alleged call to Peggy Wong was unfavourable to the Crown, especially in circumstances where there was no documentary evidence supporting Peggy Wong's existence apart from signatures on valuations whose veracity and integrity the Crown attacked. Although the Crown led the evidence, it had an obligation to call material witnesses and ask questions on relevant matters. Fairness to the Crown, both accused and the witness warranted granting leave so the Crown could test the evidence and the witness could respond before any submission was made that his evidence should not be accepted. The leave was limited to cross-examining to the effect that the witness was...

Court Disposition

Application granted.

Orders

  • ['Leave granted to the Crown under s 38 of the Evidence Act 1995 (Cth) to question Mr Michael Harper concerning his evidence about a call to the Singapore office of Karkalla and Peggy Wong.' 'The Crown is limited to cross-examining to the effect that the witness is mistaken, including reference to the fact that the...