R v Al Batat & Ors (No 28) [2020] NSWSC 1452

Supreme Court New South Wales

Medium Neutral Citation: R v Al Batat & Ors (No 28) [2020] NSWSC 1452 Hearing dates: 13 October 2020 Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) To allow the Prosecutor to cross-examine Ms Chan last, that is, after Mr Webb's examination, pursuant to s 26 of the Evidence Act 1995 (NSW); and (2) To grant leave under s 38 of the Evidence Act to the Prosecutor to cross-examine the witness generally. (3) Disallow cross-examination of Ms Chan about evidence of her being threatened with a knife, the destruction of her phone and the shooting of her house at Willoughby is not admissible. (4) Allow cross-examination of Ms Chan about her knowledge of the murder of Qin Wu. Catchwords: CRIMINAL LAW – variation of order of examination and cross-examination - where witness unfavourable to the prosecution - where Prosecutor formed the view the witness was untruthful CRIINAL LAW - evidence - where Prosecutor seeks to cross-examine own witness - subject matters of cross-examination - where relevant count concerning shooting of witness's house severed from indictment - interlocutory triumphs - where permitting cross-examination would create incurable prejudice Legislation Cited: Evidence Act 1995 (NSW), ss 26, 28, 38, 192A Cases Cited: Nguyen v The Queen [2020] HCA 23; (2020) 94 ALJR 686 R v Al Batat & Ors (No 2) [2020] NSWSC 992 R v Apostilides (1984) 154 CLR 563; [1984] HCA 38 R v Kneebone (1999) 47 NSWLR 450; [1999] NSWCCA 279 Richardson v The Queen (1974) 131 CLR 116; [1974] HCA 19 Category: Procedural and other rulings Parties: Regina Abdallah Hassan Al Batat Ying Cheng Luo Ian Fan Jaiyu Liu Jacob Blake Bayliss Nai An Li Representation: Counsel: P Hogan (Crown) B Rigg SC (Al Batat) R Webb (Luo) T Quilter (Fan) N Carroll (Liu) A Norrie (Bayliss) D Carroll (Li)