- Sep 29, 2012
- Reaction score
From the DPP's Official Guidelines
In deciding whether or not to call a particular witness the prosecutor must be fair
to the accused. The general principle is that the Crown should call all witnesses
capable of giving evidence relevant to the guilt or innocence of the accused.
The prosecutor should not call:-
unchallenged evidence that is merely repetitious; or
a witness who the prosecutor believes on reasonable grounds to be
unreliable. The mere fact that a witness contradicts the Crown case will not
constitute reasonable grounds.
See: Richardson v R (1974) 131 CLR 116; R v Apstolides (1984) 154 CLR 563;
Whitehorn v R (1983) 152 CLR 657 at 664, 682-683.
The defence should be informed at the earliest possible time of the decision not
to call a witness who might otherwise reasonably be expected to be called.
Where appropriate the witness should be made available to the defence. "
So does this mean the prosecution calls all the witnesses they want, and defence can object if they want. Defense can then call any other witnesses who the prosecution hasn't called? Sorry for the questions!
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