R v Terkmani [2017] NSWSC 1154

Supreme Court New South Wales

Medium Neutral Citation: R v Terkmani [2017] NSWSC 1154 Hearing dates: 8, 10 August 2017 Date of orders: 10 August 2017 Decision date: 30 August 2017 Jurisdiction: Common Law Before: McCallum J Decision: Leave granted to the Crown pursuant to s 38 of the Evidence Act to cross-examine Crown witnesses Mahmoud Terkmani, Mohammed Abdul-Rahman and Mohamad Terkmani Catchwords: CRIME – trial for murder and aggravated sexual intercourse without consent – applications by Crown for leave to question Crown witnesses as though cross-examining them – where witnesses gave evidence inconsistent with their statements to police which tended to provide an innocent explanation for aspects of the Crown's forensic evidence against the accused – where accused's father gave evidence of alibi – Crown's obligation to call the alibi witness in the Crown case – greater availability of cross-examination by the Crown in that circumstance – consideration of the need to constrain the manner and extent of cross-examination by the Crown Legislation Cited: Criminal Procedure Act 1986 (NSW), s 150 Evidence Act 1995 (NSW), ss 38, 103, 192 Cases Cited: Browne v Dunn (1983) 6 R 67 Kanaan v R [2006] NSWCCA 109 Category: Procedural and other rulings Parties: Regina Aymen Terkmani (accused) Representation: Counsel: A Robertson (Crown) M Austin (accused)

Solicitors: Solicitor for the Director of Public Prosecutions (Crown) Avant Legal (accused) File Number(s): 2015/208844 Publication restriction: None