R v Al Batat & Ors (No 16) [2020] NSWSC 1239

R v Al Batat & Ors (No 16) [2020] NSWSC 1239

Leave was granted to the Prosecutor under s 38 of the Evidence Act 1995 (NSW) to cross-examine the witness Wai Li, only in relation to evidence that was unfavourable to the prosecution and evidence of specific prior inconsistent statements, as this evidence was relevant and inconsistent in material respects with her previous statement, but not for a general attack on her credibility.

Parties
Prosecutor: Regina; Accused: Abdallah Hassan Al Batat; Accused: Ying Cheng Luo; Accused: Ian Fan; Accused: Jaiyu Liu; Accused: Jacob Blake Bayliss; Accused: Nai An Li
Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
leave granted under s 38 of the Evidence Act 1995 (NSW), limited to specified matters
Legal Topics
Leave to Cross Examine Own Witness, Unfavourable Evidence, Prior Inconsistent Statement
Criminal Law Evidence Leave to Cross Examine Own Witness Unfavourable Evidence Prior Inconsistent Statement

Case Brief

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Parties

Regina

Prosecutor

Abdallah Hassan Al Batat

Accused

Ying Cheng Luo

Accused

Ian Fan

Accused

Jaiyu Liu

Accused

Jacob Blake Bayliss

Accused

Nai An Li

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether leave should be granted under s 38 of the Evidence Act 1995 (NSW) to cross-examine the prosecution's own witness.
  2. 2 Whether the witness's evidence was unfavourable to the prosecution or inconsistent with her prior statement.

Ratio Decidendi

Leave was granted to the Prosecutor under s 38 of the Evidence Act 1995 (NSW) to cross-examine the witness Wai Li, only in relation to evidence that was unfavourable to the prosecution and evidence of specific prior inconsistent statements, as this evidence was relevant and inconsistent in material respects with her previous statement, but not for a general attack on her credibility.

Court Disposition

leave granted under s 38 of the Evidence Act 1995 (NSW), limited to specified matters

Orders

  • Pursuant to section 38 of the Evidence Act 1995, leave is granted to the Prosecutor to cross-examine Wai Li about: (1) Evidence that is unfavourable to the prosecution, namely, evidence that the gun discharged accidentally; (2) Evidence of a prior inconsistent statement, namely, evidence (i) that no names other than...