NSW Caselaw
New South Wales Supreme Court
CITATION : R (Cth) v Petroulias (No. 29) [2007] NSWSC 1005
HEARING DATE(S) : 31 August 2007, 3 September 2007
JUDGMENT DATE : 6 September 2007
JUDGMENT OF : Johnson J at 1
DECISION : Leave under s.38 Evidence Act 1995 is granted to the Crown to question Emmanuel Dimitrios Aivaliotes, as though the Crown was cross-examining him, about evidence given by him concerning Topics 1, 2, 3, 5, 6, 7 and 9.
CATCHWORDS : CRIMINAL LAW - application by Crown for leave to cross-examine witness under s.38 Evidence Act 1995 - evidence unfavourable to Crown - prior inconsistent statements made by witness - factors relevant to exercise of discretion - s.38(6) and s.192 Evidence Act 1995 - s.137 Evidence Act 1995 - application granted concerning seven specified topics
LEGISLATION CITED : Evidence Act 1995
R v Le (2002) 54 NSWLR 474 R v Lozano (NSW Court of Criminal Appeal, 10 June 1997, unreported, BC9702441) R v Fowler [2000] NSWCCA 142 R v Parkes (2003) 147 A Crim R 450 CASES CITED : R v Souleyman (1996) 40 NSWLR 712 R v Ronen [2004] NSWSC 1298 Adam v The Queen [2001] 207 CLR 96 R v Hogan [2001] NSWCCA 292 R (Cth) v Petroulias (No. 16) [2007] NSWSC 506
PARTIES : Regina (Commonwealth) (Crown) Nikytas Nicholas Petroulias (Accused)
FILE NUMBER(S) : SC 2002/93
COUNSEL : Mr P Hastings QC; Mr C Hoy (Crown) Mr R Sutherland SC; Mr G Walsh (Accused)
SOLICITORS : Commonwealth Director of Public Prosecutions (Crown) Coadys (Accused)
LOWER COURT DATE OF DECISION : ---
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