R v Dawson [2022] NSWSC 706

R v Dawson [2022] NSWSC 706

Peter Dawson's answer was unfavourable to the Crown as it did not align with prior anticipated evidence relevant to the accused's motive; thus, leave under s 38 of the Evidence Act 1995 should be granted to the Crown to cross-examine him.

Parties
Crown: Regina; Accused: Christopher Michael Dawson
Jurisdiction
Australia
Judgment Date
30 May 2022
Procedural Posture
Criminal Trial / Procedural Ruling During Trial
Outcome
Leave granted to the Crown to cross-examine Peter Dawson pursuant to s 38 of the Evidence Act 1995 (NSW).
Legal Topics
Unfavourable Witness, Leave to Cross Examine, Evidence Act 1995 (nsw) S 38, Murder Trial
Criminal Law Unfavourable Witness Leave to Cross Examine Evidence Act 1995 (nsw) S 38 Murder Trial

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Parties

Regina

Crown

Christopher Michael Dawson

Accused

Procedural Posture

Criminal Trial / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether leave should be granted to the Crown to cross-examine its own witness, Peter Dawson, under s 38 of the Evidence Act 1995 (NSW)

Ratio Decidendi

Peter Dawson's answer was unfavourable to the Crown as it did not align with prior anticipated evidence relevant to the accused's motive; thus, leave under s 38 of the Evidence Act 1995 should be granted to the Crown to cross-examine him.

Court Disposition

Leave granted to the Crown to cross-examine Peter Dawson pursuant to s 38 of the Evidence Act 1995 (NSW).

Orders

  • Grant leave to the Crown pursuant to s 38 of the Evidence Act 1995 to cross-examine Peter Dawson.