R v Garland (No 2) [2023] NSWSC 1381

Supreme Court New South Wales

Medium Neutral Citation: R v Garland (No 2) [2023] NSWSC 1381 Hearing dates: 25 October 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Common Law Before: Hamill J Decision: Leave granted under s 38(1) of the Evidence Act 1995 (NSW), subject to caveats at [5]. Catchwords: CRIMINAL LAW – evidence – leave to cross-examine – DPP conference notes disclosed – cross-examination on conference notes – forensic minefield skilfully negotiated – unfavourable witness – where conference notes suggest witness partisan in favour of the accused – whether leave required – relevant unfairness – order of cross-examination by accused and prosecutor – where previous grants of leave to cross-examine – possible misunderstanding as to the extent of earlier grant of leave to cross-examine – orders and directions capable of alleviating unfairness Legislation Cited: Evidence Act 1995 (NSW), ss 32, 38(1), 38(1)(a), 38(1)(b), 38(1)(c), 38(3), 101A, 102, 103, 104, 192(2), 192(2)(a), 192(2)(b), 192(2)(c), 192(2)(d) Cases Cited: Odisho v The Queen (2018) 271 A Crim R 325; [2018] NSWCCA 19 Category: Procedural rulings Parties: Rex Stephen Garland Representation: Counsel: B Hatfield SC and R Meagher (Rex) T Hughes (Garland)

Solicitors: Solicitor for Public Prosecutions (NSW) (Rex) SANS Law (Garland) File Number(s): 2021/00356964 Publication restriction: The witness' name has been redacted to comply with non-publication orders made on 10 October 2023.