Cessnock City Council v Courtney [2004] NSWLEC 486

Cessnock City Council v Courtney [2004] NSWLEC 486

Having read the letter provided by the prosecutor, the Court considered that Mr Everett's evidence could be inconsistent and that it was appropriate in the interests of both the prosecutor and the defendant to resolve the potential inconsistency. The prosecutor was therefore permitted to recall and cross-examine Mr Everett, but only on the limited subject of when he was asked to provide top soil to the site the subject of the proceedings.

Jurisdiction
Australia
Judgment Date
17 August 2004
Procedural Posture
Prosecution / Application by the Prosecutor Pursuant to S 43 of the Evidence Act 1995 to Recall and Cross Examine a Witness on an Alleged Prior Inconsistent Statement
Outcome
Application allowed on a limited basis.
Legal Topics
['prior Inconsistent Statement' 'cross Examination' 'recall of Witness']
['evidence Law'] ['prior Inconsistent Statement' 'cross Examination' 'recall of Witness']

Case Brief

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Procedural Posture

Prosecution / Application by the Prosecutor Pursuant to S 43 of the Evidence Act 1995 to Recall and Cross Examine a Witness on an Alleged Prior Inconsistent Statement

Legal Issues

  1. 1 ['Whether the prosecutor should be permitted under s 43 of the Evidence Act 1995 to recall and cross-examine Mr Lyndon Stanley Everett about an alleged prior inconsistent statement.' 'Whether any cross-examination should be confined to a limited factual issue.']

Ratio Decidendi

Having read the letter provided by the prosecutor, the Court considered that Mr Everett's evidence could be inconsistent and that it was appropriate in the interests of both the prosecutor and the defendant to resolve the potential inconsistency. The prosecutor was therefore permitted to recall and cross-examine Mr Everett, but only on the limited subject of when he was asked to provide top soil to the site the subject of the proceedings.

Court Disposition

Application allowed on a limited basis.

Orders

  • ['The prosecutor is permitted to recall Mr Lyndon Stanley Everett and cross-examine him on the limited subject of when he was asked to provide top soil to the site the subject of the proceedings.']