Director-General, Department of Environment and Climate Change v Jack & Bill Issa Pty Ltd (No 4) [2009] NSWLEC 231
Leave is granted under s 38 Evidence Act for the prosecutor to question their own witness as though cross-examining him regarding unfavourable evidence and prior inconsistent statements, despite the application being made after cross-examination, as such procedure is allowed and there is no unfairness or prejudice to the defendant.
- Jurisdiction
- Australia
- Judgment Date
- 16 December 2009
- Procedural Posture
- Criminal / Interlocutory Application
- Outcome
- leave granted
- Legal Topics
- ['unfavourable Witness' 'prior Inconsistent Statement' 'cross Examination Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Interlocutory Application
Legal Issues
- 1 ['Whether leave should be granted under s 38 Evidence Act for the prosecutor to cross-examine their own witness about unfavourable and prior inconsistent statements.']
Ratio Decidendi
Leave is granted under s 38 Evidence Act for the prosecutor to question their own witness as though cross-examining him regarding unfavourable evidence and prior inconsistent statements, despite the application being made after cross-examination, as such procedure is allowed and there is no unfairness or prejudice to the defendant.
Court Disposition
leave granted
Orders
- ['Leave granted under s 38 Evidence Act for prosecutor to cross-examine own witness after completion of cross-examination by the defendant.' 'Further cross-examination by the defence is allowed after prosecution questioning.']
Full Case Text
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