R v Hunter (No 12) [2014] NSWSC 1155

R v Hunter (No 12) [2014] NSWSC 1155

The judge decided not to revisit the issue or say anything further to the witness because the parties would not revisit whether the witness had lied, prosecution for perjury was considered extremely unlikely, s 128 did not protect a witness from alleged falsity in evidence, any later evidence might be excluded under ss 90 or 138 if a warning should have been given, and senior counsel for the witness considered that s 128 would not provide protection in these circumstances.

Jurisdiction
Australia
Judgment Date
16 July 2014
Procedural Posture
Criminal / Interlocutory Application During Trial Concerning Witness Evidence and an Evidence Act S 128 Certificate
Outcome
The trial will proceed without the judge saying anything to the witness about his s 128 certificate.
Legal Topics
['witness Examination in Chief' 'evidence Act S 128 Certificate' 'perjury Risk' 'exclusion of Evidence Under Ss 90 and 138']
['criminal Law' 'evidence'] ['witness Examination in Chief' 'evidence Act S 128 Certificate' 'perjury Risk' 'exclusion of Evidence Under Ss 90 and 138']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Interlocutory Application During Trial Concerning Witness Evidence and an Evidence Act S 128 Certificate

Legal Issues

  1. 1 ['Whether a certificate granted under Evidence Act 1995 (NSW) s 128 protected Mr Gary Hunter in respect of evidence that his previous sworn evidence in the proceedings was false.' 'Whether the issue of the certificate or any right to object should be raised with the witness before the trial proceeded.']

Ratio Decidendi

The judge decided not to revisit the issue or say anything further to the witness because the parties would not revisit whether the witness had lied, prosecution for perjury was considered extremely unlikely, s 128 did not protect a witness from alleged falsity in evidence, any later evidence might be excluded under ss 90 or 138 if a warning should have been given, and senior counsel for the witness considered that s 128 would not provide protection in these circumstances.

Court Disposition

The trial will proceed without the judge saying anything to the witness about his s 128 certificate.

Orders

  • ['The trial will proceed without the judge saying anything to the witness Mr Gary Hunter.']