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Key decisions

  • Gardiner v R [2026] NSWCCA 44
  • Sayyaketh v R (Cth) [2026] NSWCCA 48

Gardiner v R [2026] NSWCCA 44

Prosecutor’s duties – improper questioning

In this judgment of the Court of Criminal Appeal (‘CCA’), the Court looked at the limits of cross-examination by the prosecutor of an accused.

The applicant was convicted by a jury of two sexual offences at trial. The alleged conduct occurred between 1964 and 1967 against two school students at a school; the applicant was a teacher there at the time. In addition to the delay of about 60 years, there had been a first trial which resulted in a conviction – but that was overturned on appeal. Ahead of the retrial there was an application for a permanent stay which was refused; there was a separate appeal point on that topic, not addressed in this summary.

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