R v Tangi (No 4) [2020] NSWSC 539

R v Tangi (No 4) [2020] NSWSC 539

The witness's current testimony is unfavourable to the Crown as it does not recall matters of significant probative value; leave is therefore granted under s 38 to cross-examine the witness.

Parties
Crown: Regina; Accused: Abraham Ryan Tangi
Jurisdiction
Australia
Judgment Date
27 November 2019
Procedural Posture
Criminal / Application for Leave to Cross Examine Under S 38 of the Evidence Act 1995 (nsw)
Outcome
Leave granted for the Crown to cross-examine under s 38 of the Evidence Act 1995 (NSW).
Legal Topics
Unfavourable Witness, Cross Examination, Probative Value, S 38 Evidence Act 1995 (nsw)
Evidence Criminal Law Unfavourable Witness Cross Examination Probative Value S 38 Evidence Act 1995 (nsw)

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Parties

Regina

Crown

Abraham Ryan Tangi

Accused

Procedural Posture

Criminal / Application for Leave to Cross Examine Under S 38 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 Whether the Crown should be granted leave to cross-examine its own witness under s 38 of the Evidence Act 1995 (NSW) on the ground that the witness is 'unfavourable'.

Ratio Decidendi

The witness's current testimony is unfavourable to the Crown as it does not recall matters of significant probative value; leave is therefore granted under s 38 to cross-examine the witness.

Court Disposition

Leave granted for the Crown to cross-examine under s 38 of the Evidence Act 1995 (NSW).

Orders

  • Leave is granted to the Crown to first ask if refreshing the witness's memory is successful, and if not, to cross-examine the witness in relation to the statement made on 26 July 2017 and any other relevant statement.