The case confirms that where a witness called by the Crown is plainly not making a genuine attempt to give evidence and gives answers that are unfavourable to the Crown, leave to cross-examine under s 38 of the Evidence Act 1995 is properly granted. Cross-examination of a party's own witness for the purpose of having the jury disregard unreliable evidence is distinguishable from cross-examination that impermissibly bolsters the credibility of another prosecution witness. On sentencing, a trial judge is not required to make the findings most favourable to the offender but must determine the relevant facts to the appropriate standard.
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