R v Smith [2014] NSWSC 768

R v Smith [2014] NSWSC 768

Given the importance of Mr Perkins' testimony to the case, and the nature of his previous convictions for dishonesty, leave is granted for cross-examination regarding those offences as it may substantially affect the assessment of his credibility.

Jurisdiction
Australia
Judgment Date
20 May 2014
Procedural Posture
Criminal / Interlocutory Application
Outcome
Leave granted to cross-examine witness on prior dishonesty offences.
Legal Topics
['cross Examination' 'credibility of Witness' 'leave to Adduce Evidence' 'criminal Convictions' 'judicial Discretion']
['criminal Law' 'evidence Law'] ['cross Examination' 'credibility of Witness' 'leave to Adduce Evidence' 'criminal Convictions' 'judicial Discretion']

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Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted under s 103(1) of the Evidence Act 1995 to cross-examine a witness about prior dishonesty offences contrary to the credibility rule in s 102.']

Ratio Decidendi

Given the importance of Mr Perkins' testimony to the case, and the nature of his previous convictions for dishonesty, leave is granted for cross-examination regarding those offences as it may substantially affect the assessment of his credibility.

Court Disposition

Leave granted to cross-examine witness on prior dishonesty offences.

Orders

  • ['Pursuant to section 103(1) of the Evidence Act, leave is granted to counsel for the accused to cross-examine Mr Perkins with respect to five offences.']