R v Dawson [2022] NSWSC 784

R v Dawson [2022] NSWSC 784

Leave was granted because, as a matter of fairness, the Crown should be permitted to put to Lynette Hutcheon the alternative proposition arising from the running sheet about Christopher Dawson's contact number, and because her evidence that she heard Ross Hutcheon tell police in 1999 about the Gladesville sighting was unfavourable to the Crown case within the meaning of s 38 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
14 June 2022
Procedural Posture
Criminal Murder Trial Procedural Ruling / Crown Application for Leave Pursuant to S 38 of the Evidence Act 1995 to Cross Examine Lynette Hutcheon
Outcome
Leave granted to the Crown pursuant to s 38 of the Evidence Act 1995 to cross-examine Lynette Hutcheon.
Legal Topics
['murder Trial' 'unfavourable Witness' 'leave to Cross Examine' 'cross Examination Under S 38 of the Evidence Act 1995 (nsw)']
['criminal Law' 'evidence'] ['murder Trial' 'unfavourable Witness' 'leave to Cross Examine' 'cross Examination Under S 38 of the Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal Murder Trial Procedural Ruling / Crown Application for Leave Pursuant to S 38 of the Evidence Act 1995 to Cross Examine Lynette Hutcheon

Legal Issues

  1. 1 ['Whether leave should be granted to the Crown pursuant to s 38 of the Evidence Act 1995 to cross-examine Lynette Hutcheon about whether she was unable to supply a contact number for Christopher Dawson.' "Whether Lynette Hutcheon's evidence that she overheard her husband tell police in 1999 about seeing Lynette Dawson at Gladesville was unfavourable to the Crown case and should be the subject of cross-examination."]

Ratio Decidendi

Leave was granted because, as a matter of fairness, the Crown should be permitted to put to Lynette Hutcheon the alternative proposition arising from the running sheet about Christopher Dawson's contact number, and because her evidence that she heard Ross Hutcheon tell police in 1999 about the Gladesville sighting was unfavourable to the Crown case within the meaning of s 38 of the Evidence Act 1995.

Court Disposition

Leave granted to the Crown pursuant to s 38 of the Evidence Act 1995 to cross-examine Lynette Hutcheon.

Orders

  • ['Grant leave to the Crown pursuant to s 38 of the Evidence Act 1995 to cross-examine Lynette Hutcheon.']