Regina v Ibrahim [2007] NSWSC 1140
The changes in Mr Nassour's position concerning who held the knife denied the accused knowledge of what a principal Crown witness would say on oath on a critical issue in the murder count, and that prejudice would be removed by calling Mr Nassour for cross-examination on the voir dire before trial.
- Jurisdiction
- Australia
- Judgment Date
- 05 October 2007
- Procedural Posture
- Criminal Proceedings / Pre Trial Application for Basha Inquiry/voir Dire
- Outcome
- Application granted.
- Legal Topics
- ['basha Inquiry' 'committal Proceedings' 'cross Examination of Crown Witness' 'inconsistent Witness Accounts' 'prejudice to Accused' 'voir Dire' 'murder']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Proceedings / Pre Trial Application for Basha Inquiry/voir Dire
Legal Issues
- 1 ['Whether George Michael Nassour should be made available before trial for a Basha inquiry or voir dire concerning what he would say on oath about who had the knife and why his account changed.' "Whether changes in the principal Crown witness's position on critical evidence created prejudice to the accused that should be removed before trial."]
Ratio Decidendi
The changes in Mr Nassour's position concerning who held the knife denied the accused knowledge of what a principal Crown witness would say on oath on a critical issue in the murder count, and that prejudice would be removed by calling Mr Nassour for cross-examination on the voir dire before trial.
Court Disposition
Application granted.
Orders
- ['Mr Nassour is to be called on the voir dire, which will be limited to the subject of the reasons.']
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