R v A2; R v KM; R v Vaziri (No. 8) [2015] NSWSC 1472

Supreme Court New South Wales

Medium Neutral Citation: R v A2; R v KM; R v Vaziri (No. 8) [2015] NSWSC 1472 Hearing dates: 9, 10 September 2015 Date of orders: 10 September 2015 Decision date: 07 October 2015 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: A foundation for leave to cross-examine A1 under s.38 Evidence Act 1995 has been demonstrated, with a final ruling as to leave to await the trial. Catchwords: CRIMINAL LAW - application by Crown for advance ruling on application for leave to cross-examine under s.38 Evidence Act 1995 - evidence unfavourable to Crown - prior inconsistent statements made by witness - final ruling to await evidence of witness at trial - discretionary factors under s.192 Evidence Act 1995 to be applied Legislation Cited: Evidence Act 1995 Cases Cited: Adam v The Queen [2001] HCA 57; 207 CLR 96 Director of Public Prosecutions (Vic) v McRae [2010] VSC 114 Poniris v R [2014] NSWCCA 100 Potts v R [2012] NSWCCA 229; 227 A Crim R 217 R (Cth) v Petroulias (No. 29) [2007] NSWSC 1005 R v A2; R v KM; R v Vaziri (No. 2) [2015] NSWSC 1221 R v Anyang [2011] VSC 31 R v FDP [2008] NSWCCA 317; 74 NSWLR 645 R v Le [2002] NSWCCA 186; 54 NSWLR 474 Whitehorn v The Queen [1983] HCA 42; 152 CLR 657 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) A2 (Accused) KM (Accused) Shabbir Mohammedbhai Vaziri (Accused) Representation: Counsel: Ms NL Williams (Crown) Mr RF Sutherland SC (Accused A2 and Vaziri) Mr S Bouveng (Accused KM)