R v Tarantino (No 8) [2019] NSWSC 1246

R v Tarantino (No 8) [2019] NSWSC 1246

Mr Mazhari's evidence contradicted Ms Faily's denials and was potentially destructive of her credit as a Crown witness; on the broad meaning of "unfavourable", s 38(1)(a) was made out, and it would be unfair if the Crown could not test his evidence on the collateral issue raised by the defence. Leave to cross-examine was therefore granted.

Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Common Law Criminal / Procedural Ruling on Crown Application for Leave Under S 38(1) of the Evidence Act 1995 to Cross Examine Its Own Witness
Outcome
Leave granted to the Crown to cross-examine its own witness.
Legal Topics
['unfavourable Witness' 'cross Examination of Own Witness' 'witness Credibility']
['criminal Law' 'evidence'] ['unfavourable Witness' 'cross Examination of Own Witness' 'witness Credibility']

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Procedural Posture

Common Law Criminal / Procedural Ruling on Crown Application for Leave Under S 38(1) of the Evidence Act 1995 to Cross Examine Its Own Witness

Legal Issues

  1. 1 ['Whether the Crown should be granted leave under s 38(1) of the Evidence Act 1995 to cross-examine its own witness, Mr Amir Mazhari, on the basis that he was unfavourable to the Crown.' "Whether Mr Mazhari's evidence, which contradicted Ms Laila Faily and was potentially destructive of her credit, satisfied the criterion of being unfavourable under s 38(1)(a)."]

Ratio Decidendi

Mr Mazhari's evidence contradicted Ms Faily's denials and was potentially destructive of her credit as a Crown witness; on the broad meaning of "unfavourable", s 38(1)(a) was made out, and it would be unfair if the Crown could not test his evidence on the collateral issue raised by the defence. Leave to cross-examine was therefore granted.

Court Disposition

Leave granted to the Crown to cross-examine its own witness.

Orders

  • ['Pursuant to s 38(1) of the Evidence Act 1995, leave granted to the Crown to cross-examine its own witness.']