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Australia cross examination

De Silva v The Queen

(2019) 268 CLR 57
JurisdictionAustralia
CourtHigh Court of Australia
Year2019
StatusBinding authority

Summary

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

Key Principle

Browne v Dunn rule; failure to cross-examine on matter to be contradicted; jury directions

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 1

High Court considered forfeiture orders under the Proceeds of Crime Act 2002 (Cth) in the context of cuckoo smurfing money laundering schemes.

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