R v RJ (No.4) [2023] NSWDC 158

R v RJ (No.4) [2023] NSWDC 158

Leave is granted for the Crown to recall witness EJ for further cross-examination as it is required for fairness under the rule in Browne v Dunn, and the practical considerations (availability, short compass, lack of unfair surprise) support that result.

Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Criminal / Trial—interlocutory Procedural Application
Outcome
Crown’s application for leave to recall EJ for further cross-examination granted.
Legal Topics
['recall of Witness' 'cross Examination' 'browne V Dunn Rule' 'admissibility of Evidence']
['criminal Law' 'evidence Law'] ['recall of Witness' 'cross Examination' 'browne V Dunn Rule' 'admissibility of Evidence']

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Procedural Posture

Criminal / Trial—interlocutory Procedural Application

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to recall witness EJ for further cross-examination due to non-compliance with the rule in Browne v Dunn.']

Ratio Decidendi

Leave is granted for the Crown to recall witness EJ for further cross-examination as it is required for fairness under the rule in Browne v Dunn, and the practical considerations (availability, short compass, lack of unfair surprise) support that result.

Court Disposition

Crown’s application for leave to recall EJ for further cross-examination granted.

Orders

  • ['Leave granted to the Crown to recall EJ for further cross-examination under s 46 Evidence Act 1995 (NSW).']