Libke v The Queen (2007) 230 CLR 559
- casetreasury
- Aug 1, 2024
- 2 min read
Facts: Defendant (D) was charged with sexual offences against an intellectually impaired victim. Prosecution (Pr) subjected D to scornful cross-examination (CE) (inappropriate questions, comments and interrupting answers) which was the ground of D’s appeal. Some questions were propositions to D: “Your evidence is just a tissue of lies.” Others were an injection of the Pr’s opinion: “I‘ve heard all of that. I‘m just not buying it.” However, there was no objection by counsel to the questioning or intervention by the trial judge (TJ).