R v A2; R v KM; R v Vaziri (No. 9) [2015] NSWSC 1491

Supreme Court New South Wales

Medium Neutral Citation: R v A2; R v KM; R v Vaziri (No. 9) [2015] NSWSC 1491 Hearing dates: 9 October 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Leave granted under s.38 Evidence Act 1995 for Crown to cross-examine A5 concerning the following topics: (a) what events occurred in the bedroom on the occasions that A5 has described when C1 and C2 were lying on beds; (b) the knowledge of the witness of the term "khatna" or "khatanat" and its use concerning girls, including C1 and C2; (c) evidence concerning the use of the term "checkup" and the role of KM. Catchwords: CRIMINAL LAW - application by Crown for leave to cross-examine witness under s.38 Evidence Act 1995 - requirements of s.38(1)(a), (b) and (c) satisfied concerning certain topics - discretionary factors under s.192 considered - no basis to exclude otherwise admissible evidence under s.137 Evidence Act 1995 - leave granted Legislation Cited: Evidence Act 1995 Cases Cited: Doyle v R [2014] NSWCCA 4 Kanaan v R [2006] NSWCCA 109 R (Cth) v Petroulias (No. 29) [2007] NSWSC 1005 R v A2; R v KM; R v Vaziri (No. 3) [2015] NSWSC 1264 R v A2; R v KM; R v Vaziri (No. 7) [2015] NSWSC 1427 R v A2; R v KM; R v Vaziri (No. 8) [2015] NSWSC 1472 R v Hogan [2001] NSWCCA 292 R v Le [2002] NSWCCA 186; 54 NSWLR 474 R v Parkes [2003] NSWCCA 12; 147 A Crim R 450 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)