R v Lupton (No 5) [2022] NSWSC 38

R v Lupton (No 5) [2022] NSWSC 38

Leave is granted to the prosecutor to cross-examine Sherie O'Neill on matters that are inconsistent or unfavourable to the prosecution under s 38(1)(a) and s 38(1)(c) of the Evidence Act 1995 (NSW), as well as on matters relevant only to her credibility. However, certain portions of her statement and specific text messages are excluded from cross-examination due to their prejudicial nature and because they attribute motive or intention to the accused, which is for the jury to infer.

Jurisdiction
Australia
Judgment Date
25 January 2022
Procedural Posture
Criminal / Interlocutory
Outcome
Leave to cross-examine granted with limitations
Legal Topics
['cross Examination of Witness' 'prior Inconsistent Statement' 'credibility of Witness' 'leave to Cross Examine Own Witness']
['evidence' 'criminal Law'] ['cross Examination of Witness' 'prior Inconsistent Statement' 'credibility of Witness' 'leave to Cross Examine Own Witness']

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Procedural Posture

Criminal / Interlocutory

Legal Issues

  1. 1 ['Whether leave should be granted to the prosecutor to cross-examine their own witness under s 38 of the Evidence Act 1995 (NSW)' 'Whether prosecutor may cross-examine on matters relevant only to the credibility of the witness' 'Whether parts of a witness statement and certain text messages should be excluded from cross-examination due to prejudicial effect']

Ratio Decidendi

Leave is granted to the prosecutor to cross-examine Sherie O'Neill on matters that are inconsistent or unfavourable to the prosecution under s 38(1)(a) and s 38(1)(c) of the Evidence Act 1995 (NSW), as well as on matters relevant only to her credibility. However, certain portions of her statement and specific text messages are excluded from cross-examination due to their prejudicial nature and because they attribute motive or intention to the accused, which is for the jury to infer.

Court Disposition

Leave to cross-examine granted with limitations

Orders

  • ["Leave granted to Prosecutor to cross-examine Sherie O'Neill about evidence unfavourable to prosecution and evidence relevant only to credibility." "Cross-examination subject to the exclusion of items 339, 345, and part of paragraph [12] of Ms O'Neill's statement dated 27 February 2020."]