The question whether s 294CB(6)(a) of the Criminal Procedure Act 1986 (NSW) is satisfied by a disclosure in the Crown case does not depend on an assessment of the credibility or reliability of that disclosure by reference to the evidence as a whole; and a decision not to seek cross-examination under s 294CB(6) at trial that was objectively rational will weigh heavily against a grant of leave to appeal.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.