R v Khan (SCNSW Hidden J 22/11/95 unreported)
- casetreasury
- Aug 1, 2024
- 2 min read
Facts: Defendant (D) (Khan) was tried for the murder of his friend, the victim (V), who was renting a room in D’s house. While D was away, V began an affair with D’s wife. One night, when D had told his wife he would be away for the night, D returned home to find his wife and V cuddling on the bed. A fight ensued and V was killed. D’s case theory was provocation (killed V due to lost temper); the prosecution’s (Pr) case theory was premeditated revenge for cheating. Pr wanted to call D’s wife to testify. Based on her police statement, her evidence would suggest D’s knowledge of cheating undermining D’s case theory. The wife objected under s 18 Evidence Act and indicated she would resile from her statement if forced to testify on the stand.