R v Walker (No 4)

In the case of R v Walker, the respondent, Michael Walker, was charged with a number of drug related offences. Walker appealed against his conviction on the basis of an objection raised by his legal team over the Crown's leading evidence during the re-examination of a witness. The appeal was heard in the Court of Criminal Appeal. The central legal issue before the court was whether the Crown's leading questions during the re-examination of the witness constituted a breach of section 39 of the Evidence Act 1995 (NSW). This section of the Act provides that a party must not lead evidence on a matter in the re-examination of a witness unless the party has first obtained leave of the court, or leave has been given by the party who called the witness.

The court found that the Crown had indeed breached section 39 of the Evidence Act 1995 (NSW) by leading evidence during the re-examination of the witness. However, the court held that this breach did not render the conviction unsafe or unsatisfactory, and therefore Walker's appeal was dismissed. The court reasoned that while the Crown's actions were improper, they did not prejudice the respondent to such an extent that it would be unfair to allow the appeal. The court found that the evidence in question was cumulative and did not significantly impact the outcome of the trial. The court also noted that the trial judge had taken steps to mitigate the effect of the Crown's breach by giving a direction to the jury.