R v Duffy (No. 2) [2015] NSWSC 474

R v Duffy (No. 2) [2015] NSWSC 474

Leave was granted to the Crown to cross-examine Mr Derbridge because his prior inconsistent statement in the 2013 ERISP was significant and its probative value regarding accused's involvement in planning to kill the deceased outweighed any possible unfair prejudice; ambiguity, reliability or emotional effect was insufficient to exclude the evidence under s 137 Evidence Act 1995 (NSW).

Parties
Prosecution: Crown; Defendant: Michael John Duffy
Jurisdiction
Australia
Judgment Date
29 April 2015
Procedural Posture
Criminal Trial / Evidentiary Ruling/application by Crown to Cross Examine Witness
Outcome
Leave granted to Crown to cross-examine witness (Mr Derbridge) on the relevant issue
Legal Topics
Prior Inconsistent Statements, Unfavourable Witness, Leave to Cross Examine, Probative Value, Unfair Prejudice
Criminal Law Evidence Prior Inconsistent Statements Unfavourable Witness Leave to Cross Examine Probative Value Unfair Prejudice

Case Brief

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Parties

Crown

Prosecution

Michael John Duffy

Defendant

Procedural Posture

Criminal Trial / Evidentiary Ruling/application by Crown to Cross Examine Witness

Legal Issues

  1. 1 Whether leave should be granted to the Crown to cross-examine its witness (Mr Derbridge) on prior inconsistent statements implicating the accused in planning to kill the deceased
  2. 2 Whether the evidence has sufficient probative value
  3. 3 Whether admission of evidence is unfairly prejudicial under s 137 Evidence Act 1995 (NSW)

Ratio Decidendi

Leave was granted to the Crown to cross-examine Mr Derbridge because his prior inconsistent statement in the 2013 ERISP was significant and its probative value regarding accused's involvement in planning to kill the deceased outweighed any possible unfair prejudice; ambiguity, reliability or emotional effect was insufficient to exclude the evidence under s 137 Evidence Act 1995 (NSW).

Court Disposition

Leave granted to Crown to cross-examine witness (Mr Derbridge) on the relevant issue

Orders

  • Leave to the Crown to cross-examine Scott Derbridge on the issue of whether the accused had said prior to the murder that he intended to kill the deceased