R v Turnbull (No. 14) [2016] NSWSC 786

R v Turnbull (No. 14) [2016] NSWSC 786

Leave was granted to the Crown to cross-examine Ivan Maas because his evidence was found to be unfavourable to the Crown on the specified topics, and granting leave served the interests of justice without being limited by prior notice or confining s.38 to unexpected evidence.

Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Leave granted to Crown to cross-examine Ivan Maas under s.38 Evidence Act 1995.
Legal Topics
['leave to Cross Examine Own Witness' 'unfavourable Witness' 'evidence Act 1995 S.38']
['criminal Law'] ['leave to Cross Examine Own Witness' 'unfavourable Witness' 'evidence Act 1995 S.38']

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Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown under s.38 Evidence Act 1995 to cross-examine its own witness, Ivan Maas, on specified topics.']

Ratio Decidendi

Leave was granted to the Crown to cross-examine Ivan Maas because his evidence was found to be unfavourable to the Crown on the specified topics, and granting leave served the interests of justice without being limited by prior notice or confining s.38 to unexpected evidence.

Court Disposition

Leave granted to Crown to cross-examine Ivan Maas under s.38 Evidence Act 1995.

Orders

  • ['Leave granted to Crown under s.38 Evidence Act 1995 to cross-examine Ivan Maas on specified topics.']