R v Patel (No 2) [2018] NSWSC 342

Supreme Court New South Wales

Medium Neutral Citation: R v Patel (No 2) [2018] NSWSC 342 Hearing dates: 22, 26 February 2018 Date of orders: 26 February 2018 Decision date: 06 March 2018 Jurisdiction: Common Law - Criminal Before: Lonergan J Decision: I refuse the application of the Defence to exclude part of the evidence of Ms Wilson pursuant to s 137 of the Evidence Act.

I grant leave to the Crown pursuant to s 38 of the Evidence Act to cross-examine Ms Wilson. That cross-examination is to be limited to the suggestion that she is mistaken in her identification of the apartment referred to in her statement as being the second unit from the rear of the building, 167 Bestic St, Kyeemagh. Catchwords: EVIDENCE – murder trial – application to cross-examine unfavourable witness – lay witness – confined area of proposed cross-examination – credibility – unfairness to accused – where challenge to credibility of witness may be detrimental to Defence case

EVIDENCE – murder trial – application to exclude part only of the evidence of a witness – whether probative value is outweighed by the danger of unfair prejudice to the Defendant Legislation Cited: Evidence Act 1995 (NSW) ss 38, 137, 192, 192A Cases Cited: Browne v Dunn (1893) 6 R 67 Kanaan v Regina [2006] NSWCCA 109 Livermore v R [2006] NSWCCA 334 R v Kennedy [2000] NSWCCA 47 R v Kneebone (1999) 47 NSWLR 450; [1999] NSWCCA 279 R v Le (2002) 54 NSWLR 474; (2002) 130 A Crim R 44; [2002] NSWCCA 186 R v Le [2001] NSWSC 174 R v Pantoja [1998] NSWSC 565 R v Parkes (2003) 147 A Crim R 450; [2003] NSWCCA 12 R v Petroulias (No 29) [2007] NSWSC 1005 R v Souleyman (1996) 40 NSWLR 712 R v Teasdale (2004) 145 A Crim R 345; [2004] NSWCCA 91 Category: Procedural and other rulings Parties: Regina Manisha Patel (Accused) Representation: Counsel: H Baker (Crown) J Manuell (Accused)