R v Rogerson; R v McNamara (No 28) [2016] NSWSC 160

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 28) [2016] NSWSC 160 Hearing dates: 1 March 2016 Date of orders: 01 March 2016 Decision date: 01 March 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [24];[26];[36];[41]-[42] Catchwords: CRIMINAL LAW – Evidence – Where Counsel for accused sought to elicit evidence of a witness' belief in cross-examination – Objection to the form of the question – Question rejected

CRIMINAL LAW – Practice and Procedure – Where objection to question on cross-examination was upheld – Where consequent application to discharge jury – Whether such question of itself was prejudicial – Any prejudice could be cured by direction to jury – Application rejected

CRIMINAL LAW – Evidence – Where Counsel for accused sought to cross-examine witness as to credibility on the basis of his criminal history – Whether such history could rationally affect the assessment of the witness' credibility – Where criminal history more than 20 years old – Evidence incapable of bearing upon assessment of witness' credit – Application rejected

CRIMINAL LAW – Evidence – Where Crown sought leave to cross-examine unfavourable witness – Application granted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v El-Azzi (2004) NSWCCA 455 R v RPS (unreported) NSWCCA 13 August 1997 Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Ms K Shead – Accused McNamara