Regina v Ronen & Ors [2004] NSWSC 1298

Regina v Ronen & Ors [2004] NSWSC 1298

The evidence given by Mr Geller on the identified topics was plainly unfavourable to the Crown's case and inconsistent with earlier statements, thus satisfying the test under s 38 of the Evidence Act. Granting leave for the Crown to cross-examine is justified and will not unfairly prejudice the accused if properly limited and managed; the probative value outweighs any potential prejudice.

Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Criminal / Interlocutory Decision on Application Under S 38 Evidence Act by the Crown During Trial
Outcome
Leave granted in part to the Crown under s 38 Evidence Act to cross-examine its witness on specified topics; application otherwise refused.
Legal Topics
['unfavourable Witness' 'cross Examination Under S 38 Evidence Act' 'accounting Evidence' 'prejudice and Collateral Disadvantage']
['criminal Law' 'evidence'] ['unfavourable Witness' 'cross Examination Under S 38 Evidence Act' 'accounting Evidence' 'prejudice and Collateral Disadvantage']

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Procedural Posture

Criminal / Interlocutory Decision on Application Under S 38 Evidence Act by the Crown During Trial

Legal Issues

  1. 1 ['Whether leave should be granted under s 38 Evidence Act to cross-examine a Crown witness about alleged inconsistent and unfavourable evidence' 'Whether such cross-examination would cause unfair prejudice to the accused']

Ratio Decidendi

The evidence given by Mr Geller on the identified topics was plainly unfavourable to the Crown's case and inconsistent with earlier statements, thus satisfying the test under s 38 of the Evidence Act. Granting leave for the Crown to cross-examine is justified and will not unfairly prejudice the accused if properly limited and managed; the probative value outweighs any potential prejudice.

Court Disposition

Leave granted in part to the Crown under s 38 Evidence Act to cross-examine its witness on specified topics; application otherwise refused.

Orders

  • ['Leave granted to the Crown to cross-examine Mr Geller under s 38 on topics of loan reallocation and stocktake.' "Leave refused on other topics identified in the Crown's application."]