The Crown's duty to call all available witnesses necessary to give a complete account of events does not extend to requiring the Crown to call an expert retained by the accused who disagrees with a Crown expert. Rule 89 of the Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW) does not expand this common law obligation. In assessing whether a verdict is unreasonable, the relevant question remains whether it was open to the jury to reach the conclusion at which they arrived, not whether it was open to the jury to reach a different conclusion, and the advantage enjoyed by the jury in observing witnesses remains a significant consideration.
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