R v Lupton (No 6) [2022] NSWSC 156

R v Lupton (No 6) [2022] NSWSC 156

Leave is granted to the prosecutor to cross-examine the witness, as parts of her evidence are inconsistent with her prior statement, and these inconsistencies arguably meet the broad interpretation of 'unfavourable' under s 38.

Jurisdiction
Australia
Judgment Date
02 February 2022
Procedural Posture
Criminal / Procedural Interlocutory Ruling
Outcome
Leave granted to prosecutor to cross-examine own witness in relation to specified paragraphs of prior statement.
Legal Topics
['leave to Cross Examine Own Witness' 'unfavourable Evidence' 'prior Inconsistent Statement']
['evidence Law' 'criminal Law'] ['leave to Cross Examine Own Witness' 'unfavourable Evidence' 'prior Inconsistent Statement']

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Procedural Posture

Criminal / Procedural Interlocutory Ruling

Legal Issues

  1. 1 ['Whether the prosecutor may cross-examine their own witness pursuant to s 38 of the Evidence Act 1995 (NSW)' 'Whether evidence provided by the witness is unfavourable or inconsistent with a prior statement']

Ratio Decidendi

Leave is granted to the prosecutor to cross-examine the witness, as parts of her evidence are inconsistent with her prior statement, and these inconsistencies arguably meet the broad interpretation of 'unfavourable' under s 38.

Court Disposition

Leave granted to prosecutor to cross-examine own witness in relation to specified paragraphs of prior statement.

Orders

  • ["Pursuant to section 38 of the Evidence Act 1995 (NSW), leave is granted to the Prosecutor to cross-examine Susan O'Neill about evidence that is unfavourable to the prosecution, in relation to paragraphs 7, 9, 10, 11 – except for the words, 'I thought Jay had bashed Hady' – and 13 of a prior statement."]