R v Klein (No.6) [2008] NSWSC 338

New South Wales Supreme Court

CITATION : R v Klein (No.6) [2008] NSWSC 338

JUDGMENT DATE : 4 April 2008

JUDGMENT OF : Buddin J

DECISION : Objection upheld.

CATCHWORDS : Application by Crown to cross-examine witness about prior inconsistent statement

LEGISLATION CITED : Evidence Act

CATEGORY : Procedural and other rulings

PARTIES : Regina Gaby Michael Klein

FILE NUMBER(S) : SC 2002/2281

COUNSEL : G Tabuteau (Crown) P McGrath (Accused)

SOLICITORS : S Kavanagh (Director of Public Prosecutions) Crown Andrews Solicitors (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

FRIDAY 4 APRIL 2008

2002/2281 – R v GABY MICHAEL KLEIN

JUDGMENT – Application by the Crown for leave pursuant to s 38 of the Evidence Act to cross-examine Pieta Lane (No.6) 1 HIS HONOUR: The Crown seeks leave, pursuant to s 38 of the Evidence Act, to cross-examine the witness Pieta Lane upon the basis of what it contends is a prior inconsistent statement with the meaning of s 38 (1)(c) of the Act. The application was made after the witness was cross-examined on behalf of the accused. Nevertheless it is common ground that there is no procedural impediment to an application being made at this stage of the evidence. 2 In her evidence in chief the witness gave the following evidence: Q. I want to ask you about 15 February 2001. At that time whereabouts were you working? A. J & K Tree Services at Kenthurst. … Q. And at that time what days of the week did you normally work? A. Monday, Wednesday and Friday.