R v Qaumi & Ors (No 39) [2016] NSWSC 797

R v Qaumi & Ors (No 39) [2016] NSWSC 797

The court was not satisfied that the witness had an interest consistent with Mr Kalal or was particularly sympathetic; most affirmative responses to leading questions arose from the care with which the propositions were put or because they were based on police statements; discretion under s 42 Evidence Act was not engaged, and leading questions should not be disallowed in this instance.

Jurisdiction
Australia
Judgment Date
15 June 2016
Procedural Posture
Criminal / Interlocutory Ruling During Joint Trial
Outcome
application refused
Legal Topics
['cross Examination' 'leading Questions' 'duress' 'procedure in Joint Trials']
['criminal Law' 'evidence'] ['cross Examination' 'leading Questions' 'duress' 'procedure in Joint Trials']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling During Joint Trial

Legal Issues

  1. 1 ['Whether counsel for a co-accused should be permitted to ask leading questions in cross-examination under s 42 Evidence Act 1995 (NSW)' 'Whether a witness has an interest consistent with the cross-examiner' 'Whether facts are better ascertained by non-leading questions']

Ratio Decidendi

The court was not satisfied that the witness had an interest consistent with Mr Kalal or was particularly sympathetic; most affirmative responses to leading questions arose from the care with which the propositions were put or because they were based on police statements; discretion under s 42 Evidence Act was not engaged, and leading questions should not be disallowed in this instance.

Court Disposition

application refused

Orders

  • ['Application pursuant to s 42 of the Evidence Act 1995 (NSW) disallowing leading questions in cross-examination by counsel for Mohammed Kalal refused.' 'Leading questions permitted in cross-examination.']