KH v R [2014] NSWCCA 294

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: KH v R [2014] NSWCCA 294 Hearing dates: 1 December 2014 Decision date: 01 December 2014 Before: Leeming JA at [1] and [43]; McCallum J at [41]; R A Hulme J at [42] Decision: 1. Leave to appeal be granted. 2. The appeal be dismissed. Catchwords: EVIDENCE - application by Crown to cross-examine unfavourable witnesses - advance ruling - Evidence Act 1995 (NSW), ss 38 and 192A - witnesses included persons named on indictment but not charged - whether appellable error in grant of leave to cross-examine - whether appellable error in judge inquiring, in presence of jury, whether witness aware of right to object to giving self-incriminating evidence Legislation Cited: Crimes Act 1900 (NSW), s 61J Criminal Appeal Act 1912 (NSW), s 5 Criminal Appeal Rules (NSW), r 4 Evidence Act 1995 (NSW), ss 38, 128, 132, 135, 137, 192A Cases Cited: Doyle v R; R v Doyle [2014] NSWCCA 4 Lee v R [2009] NSWCCA 259 R v Le [2002] NSWCCA 186; 54 NSWLR 474 Category: Principal judgment Parties: KH (Applicant) Regina (Respondent) Representation: Counsel: G D Wendler (Applicant) V Lydiard (Crown) Solicitors: Van Houten Law Solicitors (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2012/49416 Publication restriction: Prohibition on publication of any matter identifying or likely to lead to identification of complainant pursuant to s 578A Crimes Act 1900 (NSW). Decision under appeal Date of Decision: 2013-06-19 00:00:00 Before: Haesler DCJ File Number(s): 2012/49416