R v Krivosic (No. 4) [2021] NSWSC 1561

R v Krivosic (No. 4) [2021] NSWSC 1561

Leave was granted as inconsistencies between SJ’s evidence in the present and previous trial are central to the issues; granting leave fulfills procedural fairness for both parties per s.38(4) and s.192 Evidence Act 1995.

Parties
Crown: Regina; Accused: Marko Krivosic
Jurisdiction
Australia
Judgment Date
19 November 2021
Procedural Posture
Criminal Trial / Application for Leave to Cross Examine Under S.38 Evidence Act 1995
Outcome
Leave granted to the Crown to cross-examine SJ under s.38 Evidence Act 1995.
Legal Topics
Murder Trial, Cross Examination of Witness, Application Under S.38 Evidence Act 1995
Criminal Law Murder Trial Cross Examination of Witness Application Under S.38 Evidence Act 1995

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Parties

Regina

Crown

Marko Krivosic

Accused

Procedural Posture

Criminal Trial / Application for Leave to Cross Examine Under S.38 Evidence Act 1995

Legal Issues

  1. 1 Whether leave should be granted to the Crown under s.38 of the Evidence Act 1995 to cross-examine witness SJ concerning the alleged use of words 'Die you dog' by the Accused

Ratio Decidendi

Leave was granted as inconsistencies between SJ’s evidence in the present and previous trial are central to the issues; granting leave fulfills procedural fairness for both parties per s.38(4) and s.192 Evidence Act 1995.

Court Disposition

Leave granted to the Crown to cross-examine SJ under s.38 Evidence Act 1995.

Orders

  • Leave is granted to the Crown under s.38 Evidence Act 1995 to cross-examine SJ by reference to her evidence at pages 140 and 141 of the transcript of 27 April 2021 concerning the alleged use of words by the Accused 'Die you dog'.