R v Flentjar (No1) [2008] NSWSC 647

R v Flentjar (No1) [2008] NSWSC 647

Leave was granted because it was abundantly clear and common ground that Darlene Cowen's evidence was unfavourable within the meaning of s 38(1)(a) of the Evidence Act, and after considering s 38(6), ss 135, 137 and s 192 there was no reason advanced by the accused against granting leave.

Jurisdiction
Australia
Judgment Date
19 June 2008
Procedural Posture
Criminal Procedural Ruling / Crown Application Pursuant to S 38 of the Evidence Act for Leave to Cross Examine Darlene Cowen
Outcome
Leave granted.
Legal Topics
['unfavourable Witness' 'cross Examination by Party Calling Witness' 'alibi Evidence' 'prior Inconsistent Statement']
['criminal Law' 'evidence'] ['unfavourable Witness' 'cross Examination by Party Calling Witness' 'alibi Evidence' 'prior Inconsistent Statement']

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Procedural Posture

Criminal Procedural Ruling / Crown Application Pursuant to S 38 of the Evidence Act for Leave to Cross Examine Darlene Cowen

Legal Issues

  1. 1 ['Whether the Crown should be granted leave pursuant to s 38 of the Evidence Act to cross-examine Darlene Cowen, the de facto partner of the accused, as an unfavourable witness.']

Ratio Decidendi

Leave was granted because it was abundantly clear and common ground that Darlene Cowen's evidence was unfavourable within the meaning of s 38(1)(a) of the Evidence Act, and after considering s 38(6), ss 135, 137 and s 192 there was no reason advanced by the accused against granting leave.

Court Disposition

Leave granted.

Orders

  • ['The Crown was granted leave pursuant to s 38 of the Evidence Act to cross-examine Darlene Cowen.']