R v Manevski [2016] NSWSC 1032

R v Manevski [2016] NSWSC 1032

Leave was granted for the Crown Prosecutor to cross-examine the accused about prior alleged violent conduct because the accused intentionally raised her character as not being prone to violence, but leave was limited strictly to avoid unfair prejudice, excluding the most prejudicial aspects per s 137.

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Criminal / Trial Interlocutory Ruling on Application to Cross Examine Accused
Outcome
leave to cross-examine granted on strict terms
Legal Topics
['cross Examination of Accused' 'evidence of Good Character' 'rebuttal Evidence' 'leave to Cross Examine' 'probative Value Vs Unfair Prejudice']
['criminal Law'] ['cross Examination of Accused' 'evidence of Good Character' 'rebuttal Evidence' 'leave to Cross Examine' 'probative Value Vs Unfair Prejudice']

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Procedural Posture

Criminal / Trial Interlocutory Ruling on Application to Cross Examine Accused

Legal Issues

  1. 1 ['whether accused intentionally raised evidence of good character generally or specifically' 'whether leave should be granted for Crown to cross-examine on alleged prior violent conduct' 'whether probative value outweighed by danger of unfair prejudice']

Ratio Decidendi

Leave was granted for the Crown Prosecutor to cross-examine the accused about prior alleged violent conduct because the accused intentionally raised her character as not being prone to violence, but leave was limited strictly to avoid unfair prejudice, excluding the most prejudicial aspects per s 137.

Court Disposition

leave to cross-examine granted on strict terms

Orders

  • ['Leave granted to Crown Prosecutor to cross-examine accused in a restricted way about alleged prior violent conduct, shorn of most prejudicial aspects; cross-examination to occur immediately.' 'Directions to be given to the jury about limited use of such evidence.']