R v Johnson (No 2)

The case of R v Johnson (No 2) involved the Crown's application to cross-examine a witness in the course of a criminal proceeding. The specifics of the underlying criminal case were not detailed in the judgment, but the central issue was whether the witness was genuinely endeavouring to give evidence. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue for the court was to determine the extent of the Crown's right to cross-examine a witness who was alleged to be making only a nominal effort to testify. The court had to balance the rights of the accused to a fair trial, which includes the right to test the evidence against them, against the witness's rights under the law, including the privilege against self-incrimination. This involved examining the nature and extent of the witness's cooperation and whether their reluctance to participate was genuine or merely tactical.

The court found that the witness was not making a genuine effort to give evidence. It concluded that the witness's refusal to answer certain questions was not rooted in a legitimate concern for self-incrimination but rather in an attempt to avoid providing potentially incriminating information. Consequently, the application by the Crown to cross-examine the witness was granted. The decision underscored the importance of the witness's willingness to participate fully in the judicial process and the court's power to ensure that this process is not subverted by evasion or obstruction.