R v A2; R v KM; R v Vaziri (No. 21) [2016] NSWSC 24

Supreme Court New South Wales

Medium Neutral Citation: R v A2; R v KM; R v Vaziri (No. 21) [2016] NSWSC 24 Hearing dates: 10 September 2015, 16 September 2015, 17 September 2015 Date of orders: 10 September 2015 Decision date: 05 February 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Reasons for rulings given during the course of the trial. Catchwords: CRIMINAL LAW – offences of female genital mutilation – objection to leading questions in evidence in chief of C1 and C2 - where impugned questions contained in recorded interviews played as part of sworn evidence-in-chief pursuant to ss.306U and 306V Criminal Procedure Act – whether impugned questions were in fact leading questions – whether Crown should be granted leave to adduce evidence through those impugned questions properly characterised as leading questions – where jury able to view recorded interview and form a view as to significance of leading questions – leave granted – leading questions permitted

CRIMINAL LAW – offences of female genital mutilation – Crown application to restrict use of leading questions in cross-examination of C1 and C2 on certain topics pursuant to s.42 Evidence Act – whether facts concerned could be better ascertained if leading questions were not used – significance of the age of C1 and C2 – Crown application granted – two-phase approach to cross-examination permitted – potential for further application to court to use leading questions if required following cross-examination using non-leading questions Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: Browne v Dunn (1893) 6 R 67 R v A2; R v KM; R v Vaziri (No. 4) [2015] NSWSC 1306 Texts Cited: Heydon, "Cross on Evidence", 10th Australian edition 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)