When granting leave under s 38 of the Evidence Act 1995 (NSW) to cross-examine an unfavourable witness, the trial judge must take into account the matters in s 192(2) and must give attention to the extent and nature of the permitted questioning by reference to the categories in s 38(1) and (3). Leave should initially be confined to what is then seen as necessary, with the ambit reconsidered if further leave is sought. Failure to do so may result in a miscarriage of justice, particularly where unfettered cross-examination shifts the focus of the trial to collateral credibility issues.
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