R v Rogerson; R v McNamara (No 28)

[2016] NSWSC 160

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Criminal Law
2. › Evidence
3. › Where Counsel for accused sought to elicit evidence of a witness’ belief in cross-examination
4. › Objection to the form of the question
5. › Question rejected
1. Criminal Law
2. › Practice and Procedure
3. › Where objection to question on cross-examination was upheld
4. › Where consequent application to discharge jury
5. › Whether such question of itself was prejudicial
6. › Any prejudice could be cured by direction to jury
7. › Application rejected
1. Criminal Law
2. › Evidence
3. › Where Counsel for accused sought to cross-examine witness as to credibility on the basis of his criminal history
4. › Whether such history could rationally affect the assessment of the witness’ credibility
5. › Where criminal history more than 20 years old
6. › Evidence incapable of bearing upon assessment of witness’ credit
7. › Application rejected
1. Criminal Law
2. › Evidence
3. › Where Crown sought leave to cross-examine unfavourable witness
4. › Application granted