R v Mattiussi (No.2) [2022] NSWDC 235

R v Mattiussi (No.2) [2022] NSWDC 235

Ms Robertson's lay opinions, even if the basis was not fully developed, were unfavourable to the Crown case under s 38(1)(a) of the Evidence Act; leave was granted for the Crown to cross-examine her and the scope should include credibility questions and motive/bias inquiries.

Parties
Prosecutor: Office of the Director of Public Prosecutions (ODPP); Accused: Mr M Mattiussi
Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Criminal / Trial (procedural Ruling on Witness Cross Examination)
Outcome
Application granted; leave to cross-examine Crown witness
Legal Topics
Cross Examination of Crown Witness, Definition and Scope of 'unfavourable' Evidence, Lay Opinion Evidence, Exercise of Discretion Under Evidence Act
Criminal Law Evidence Law Cross Examination of Crown Witness Definition and Scope of 'unfavourable' Evidence Lay Opinion Evidence Exercise of Discretion Under Evidence Act

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Parties

Office of the Director of Public Prosecutions (ODPP)

Prosecutor

Mr M Mattiussi

Accused

Procedural Posture

Criminal / Trial (procedural Ruling on Witness Cross Examination)

Legal Issues

  1. 1 Whether Ms Robertson's lay opinions constitute 'unfavourable' evidence to the Crown under s 38(1)(a) Evidence Act 1995 (NSW)
  2. 2 Scope and basis for granting leave to cross-examine a Crown witness under s 38
  3. 3 Whether the evidentiary foundation regarding lay opinions was sufficiently established

Ratio Decidendi

Ms Robertson's lay opinions, even if the basis was not fully developed, were unfavourable to the Crown case under s 38(1)(a) of the Evidence Act; leave was granted for the Crown to cross-examine her and the scope should include credibility questions and motive/bias inquiries.

Court Disposition

Application granted; leave to cross-examine Crown witness

Orders

  • Application granted for Crown to cross-examine Ms Robertson pursuant to s 38(1) Evidence Act 1995 (NSW)
  • Scope of cross-examination to include credit issues such as motive and bias