R v Al Batat & Ors (No 30) [2020] NSWSC 1475

Supreme Court New South Wales

Medium Neutral Citation: R v Al Batat & Ors (No 30) [2020] NSWSC 1475 Hearing dates: 20, 21 October 2020 Date of orders: 21 October 2020 Decision date: 21 October 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) The Prosecutor may call the witnesses to give evidence in accordance with paragraph [25], but not to give evidence of the way the statement was taken or of the four specific matters referred to in paragraphs [7], [14] and [26]. Catchwords: CRIMINAL LAW – evidence - the parties don't agree on much - credibility evidence - unfavourable witness cross-examined by leave - where evidence of witness's statement before the jury - where witness denies substance of statement - where witness says police threatened her with charges - where defence counsel indicate no intention to confront police with allegations - intention to put evidence of witness as to threats "unchallenged" - the rule in Browne v Dunn - whether Prosecutor entitled to lead evidence - where matters not put to the witness - credibility rule - fairness - Liberace Legislation Cited: Evidence Act 1995 (NSW), ss 101A, 102, 106 Cases Cited: Browne v Dunn (1893) 6 R 67 MWJ v The Queen [2005] HCA 74; (2005) 80 ALJR 329 R v Al Batat & Ors (No 20) [2020] NSWSC 1319 R v Al Batat & Ors (No 24) [2020] NSWSC 1387 R v Al Batat & Ors (No 25) [2020] NSWSC 1388 R v Birks (1990) 19 NSWLR 677 R v Manunta (1989) 54 SASR 17 Regina v Ayoub [2004] NSWCCA 209 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)