NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Spiteri-Ahern; R v Barber; R v Zraika (No 4) [2017] NSWSC 1278 Hearing dates: 6 September 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Leave granted to the Crown pursuant to s 39(b) of the Evidence Act 1995 for the Crown to adduce evidence in re-examination to re-establish credit. (2) Leave granted to counsel for the accused to cross-examine on material that might not otherwise have been available to them prior to re-examination. Catchwords: EVIDENCE – leave sought to adduce evidence re-establishing credit in re-examination – different operation of s 108(1) and s 108(3) of the Evidence Act 1995 discussed – need to comply with s 39 of the Evidence Act 1995 in re-examination, even on credit;
CRIMINAL PROCEDURE – re-examination of witness by Crown – re-establish credit – matter arises – if not, leave granted. Legislation Cited: Evidence Act 1995, ss 37, 38, 39, 102, 108 Category: Procedural rulings Parties: 2014/00180060: Regina (Crown) Louise Catherine SPITERI-AHERN (Accused)
2014/00180279: Regina (Crown) April BARBER (Accused)
2014/00235123: Regina (Crown) Amin ZRAIKA (Accused) Representation: Counsel: 2014/00180060: D Patch (Crown) J Trevallion (Accused)
2014/00180279: D Patch (Crown) A Francis (Accused)
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