R v Hart (No 3) [2016] NSWSC 957

R v Hart (No 3) [2016] NSWSC 957

Leave is granted under s 38 Evidence Act 1995 (NSW) because the witness had made a prior inconsistent statement relevant to key issues and the statutory criteria, including interests of justice and lack of unfair prejudice to the trial, were satisfied.

Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Criminal / Ruling on Leave to Cross Examine Witness
Outcome
Leave granted to the Crown to cross-examine Miss Bromham under s 38 Evidence Act 1995 (NSW)
Legal Topics
['evidence' 'cross Examination of Unfavourable Witness' 'procedural Ruling']
['criminal Law'] ['evidence' 'cross Examination of Unfavourable Witness' 'procedural Ruling']

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Procedural Posture

Criminal / Ruling on Leave to Cross Examine Witness

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown to cross-examine its own witness, Miss Bromham, under s 38 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

Leave is granted under s 38 Evidence Act 1995 (NSW) because the witness had made a prior inconsistent statement relevant to key issues and the statutory criteria, including interests of justice and lack of unfair prejudice to the trial, were satisfied.

Court Disposition

Leave granted to the Crown to cross-examine Miss Bromham under s 38 Evidence Act 1995 (NSW)

Orders

  • ['Crown granted leave to cross-examine Miss Bromham under s 38 Evidence Act 1995 (NSW)']