R v Gregory Dean Hill

In the matter of the Commonwealth versus Gregory Dean Hill, the defendant was charged with attempting to receive stolen property. The case was heard by the court of summary jurisdiction, presided over by a judge sitting alone. The crux of the matter revolved around the elements required to constitute the offence of an attempt, specifically whether the act undertaken by the defendant was more than merely preparatory. Additionally, the court had to consider the admissibility of cross-examination of a Crown witness who had not provided a prior inconsistent statement.

The legal issues central to the case were whether the defendant's actions were sufficiently beyond the preparatory stage to constitute an attempt, and whether the prosecution was entitled to cross-examine a Crown witness on matters not covered in a prior inconsistent statement. The court had to evaluate whether the defendant’s conduct went far enough to establish an attempt to commit the offence, and if the prosecution's right to cross-examine on new matters was permissible under the circumstances. The court found that the defendant's actions were indeed more than preparatory and thus amounted to an attempt. Furthermore, the court held that the prosecution was not entitled to cross-examine the witness on matters not included in a prior inconsistent statement.

The court concluded that the defendant's actions were beyond mere preparation and amounted to an attempt to receive stolen property. It was determined that the prosecution could not expand the scope of cross-examination to include matters not addressed in the prior inconsistent statement. Consequently, the defendant was found guilty as charged. The court entered a verdict of guilty in respect of the charge on the indictment.