R v A2; R v KM; R v Vaziri (No. 9)

The case involved three defendants charged with various offences, including conspiracy to murder, under the Criminal Code. The Crown sought leave to cross-examine a witness under section 38 of the Evidence Act 1995, regarding specific topics related to the witness's credibility and the reliability of their evidence. The application was heard by the court, which needed to decide whether the requirements of section 38(1)(a), (b) and (c) were satisfied and whether any discretionary factors under section 192 warranted exclusion of the evidence.

The court examined whether the witness's evidence was susceptible to cross-examination on the specified topics and whether the leave was necessary to ensure a fair trial. It also considered whether the proposed cross-examination would have an unduly prejudicial effect on the witness or the fairness of the trial. The court found that the requirements of section 38(1)(a), (b) and (c) were satisfied, as the proposed cross-examination was relevant to the witness's credibility and the reliability of their evidence. The discretionary factors under section 192 were also considered, but the court found no basis to exclude the otherwise admissible evidence under section 137.

The court granted the Crown's application for leave to cross-examine the witness under section 38 of the Evidence Act 1995. The reasoning was that the evidence was relevant to the witness's credibility and the reliability of their evidence, and the proposed cross-examination would not have an unduly prejudicial effect on the witness or the fairness of the trial. The court held that the requirements of section 38(1)(a), (b) and (c) were satisfied, and there were no discretionary factors that would warrant exclusion of the evidence under section 192. The court also found no basis to exclude the otherwise admissible evidence under section 137.