Regina v MTN; Regina v CVH [2002] NSWSC 59

Regina v MTN; Regina v CVH [2002] NSWSC 59

Section 38 of the Evidence Act 1995 permits the party who called a witness to cross-examine the witness with the court's leave in respect of evidence given in cross-examination, provided the criteria of the section are met. The section is not limited to evidence in chief. The circumstances of this case satisfy the criteria in s 38(1)(a) and (b), and there is no unfair prejudice that would preclude granting leave.

Parties
Prosecutor: Regina; Accused: MTN; Accused: CVH
Jurisdiction
Australia
Judgment Date
13 February 2002
Procedural Posture
Criminal / Application for Leave to Cross Examine Crown Witness Under S 38 of Evidence Act 1995
Outcome
Leave to cross-examine Crown witness under s 38 of the Evidence Act 1995 granted.
Legal Topics
Unfavourable Witness, Cross Examination, Interpretation of Evidence Act 1995 S 38
Evidence Criminal Law Unfavourable Witness Cross Examination Interpretation of Evidence Act 1995 S 38

Case Brief

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Parties

Regina

Prosecutor

MTN

Accused

CVH

Accused

Procedural Posture

Criminal / Application for Leave to Cross Examine Crown Witness Under S 38 of Evidence Act 1995

Legal Issues

  1. 1 Whether leave should be granted to the Crown to cross-examine its own witness under s 38 of the Evidence Act 1995 in light of evidence unfavourable to the prosecution, given during cross-examination by the accused.

Ratio Decidendi

Section 38 of the Evidence Act 1995 permits the party who called a witness to cross-examine the witness with the court's leave in respect of evidence given in cross-examination, provided the criteria of the section are met. The section is not limited to evidence in chief. The circumstances of this case satisfy the criteria in s 38(1)(a) and (b), and there is no unfair prejudice that would preclude granting leave.

Court Disposition

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

Orders

  • Leave to cross-examine Andre Nasr under s 38 of the Evidence Act 1995 is granted.