R v Nancarrow (No 2)

In the case of R v Nancarrow (No 2), the accused was charged with the murder of a young woman in Melbourne. The trial took place in the Supreme Court of Victoria, where the accused contested the allegations. The central issue before the court was whether the trial judge had erred in allowing the prosecution to cross-examine the accused about a diagram marked by the accused, which the defence had not previously objected to during the trial. The accused argued that the diagram's relevance was solely to the accused's credibility and not to the evidence in relation to which the accused was being prosecuted, thus limiting the scope of cross-examination.

The court examined the principles governing the scope of cross-examination in criminal trials, particularly focusing on the relevance of the subject matter to the evidence in relation to which the defendant is being prosecuted. The court found that the diagram was not solely relevant to the accused's credibility but was also relevant to the evidence in relation to which the accused was being prosecuted. The diagram, which showed the accused's departure from the scene of the alleged crime, was relevant to the accused's presence at the scene and the events leading up to the crime. The court held that the trial judge did not err in allowing the prosecution to cross-examine the accused about the diagram.

The Supreme Court of Victoria upheld the conviction, finding that the trial judge had not erred in allowing the prosecution to cross-examine the accused about the diagram. The court concluded that the diagram was relevant to both the accused's credibility and the evidence in relation to which the accused was being prosecuted. As a result, the accused's appeal was dismissed, and the conviction was upheld. The final orders of the court were that the appeal be dismissed and the conviction affirmed.