26 Apr 2013
HANNIGAN v R SC 20/2012
- Citation
- HANNIGAN v R SC 20/2012
- Court
- Supreme Court
The Supreme Court held that the trial judge did not err in allowing the Crown to elicit and explore a prior inconsistent statement in re-examination in the circumstances: where the prior statement was independently admissible as to facts in issue under the Evidence Act and the questioning was permitted under the judge's s89 discretion as clarification/scene-setting rather than impermissible cross-examination, a prior s94 determination of hostility was not required; likewise s37(4)(b) permits offering evidence as to facts in issue contrary to a witness's evidence without prior hostility determ…