[ 1.4.2 ] Evidence Act 2008 (Vic) - Individual sections (Chapters 1-2)

Question 1

s 33 of the Evidence Act 2008 (Vic)

Answer 1

Evidence given by police officers.

Police officer may rely on written statement if signed, made at or soon after event and copy has been given in reasonable time.

Question 2

s 42 of the Evidence Act 2008 (Vic)

Answer 2

Leading questions (in XXN).

May put leading question to witness in XXN unless court disallows.

Court satisfied facts concerned would be better ascertained without leading questions?

Question 3

s 32 of the Evidence Act 2008 (Vic)

Answer 3

Attempts to revive memory in court.

Witness may use doc to revive memory with leave of Court.

Question 4

s 8 of the Evidence Act 2008 (Vic)

Answer 4

Operation of Acts.

This Act does not affect the operation of the provisions of any other Act.

Question 5

s 43 of the Evidence Act 2008 (Vic)

Answer 5

Prior inconsistent statements of witnesses.

• W may be XXN about PIS.
• Need to inform W about circumstances and inconsistency.

Question 6

s 37 of the Evidence Act 2008 (Vic)

Answer 6

Leading questions (in XN or RX).

Leading question must not be put to witness in XN or RX unless:

• court gives leave
• matter introductory to evidence
• no objection made by lawyer of prosecutor
• question not in dispute
• expert witness - hypothetical

Question 7

s 12 of the Evidence Act 2008 (Vic)

Answer 7

Competence and compellability.

Competent and compellable unless otherwise stated.

Question 8

s 45 of the Evidence Act 2008 (Vic)

Answer 8

Production of documents.

• Applies if XXN a W about PIS or PR.
• Party may be required to produce document, but not required to tender.

Question 9

s 35 of the Evidence Act 2008 (Vic)

Answer 9

Effect of calling for production of documents.

Calling for production of documents does not mean either party has to tender it.

Question 10

s 17 of the Evidence Act 2008 (Vic)

Answer 10

Competence and compellability-accused in criminal proceeding.

Accused not competent to give evidence as witness for P.

Question 11

s 9 of the Evidence Act 2008 (Vic)

Answer 11

Application of common law and equity.

Not affected unless expressly or by necessary intendment.

Question 12

s 34 of the Evidence Act 2008 (Vic)

Answer 12

Attempts to revive memory out of court.

Court may direct that document used to revive memory out of court be produced to party.

Question 13

s 13 of the Evidence Act 2008 (Vic)

Answer 13

Competence-lack of capacity.

Presumption that not incompetent: (6).
Competent to give sworn/unsworn evidence.

Question 14

s 48 of the Evidence Act 2008 (Vic)

Answer 14

Proof of contents of documents.

Manners in which documents van be tendered. Admission of contents, copies transcripts etc.

Question 15

s 18 of the Evidence Act 2008 (Vic)

Answer 15

Compellability of spouses and others in criminal proceedings.

May object. Must not be required to give evidence if nature and extent of potential harm outweighs desirability of evidence.

Question 16

s 41 of the Evidence Act 2008 (Vic)

Answer 16

Improper questions.

Court must disallow improper questioning in XXN:

• misleading or confusing
• annoying, harrassing etc.
• tone is belittling
• stereotype

Question 17

s 38 of the Evidence Act 2008 (Vic)

Answer 17

Unfavourable witness.

May XXN own witness if:

• evidence is unfavourable
• not making genuine attempt to give evidence
• prior inconsistent statement

Question 18

s 46 of the Evidence Act 2008 (Vic)

Answer 18

Leave to recall witnesses.

C may give leave to recall witness if circumstances. E.g. evidence of another party contradicts evidence.

Question 19

s 39 of the Evidence Act 2008 (Vic)

Answer 19

Limits on re-examination.

Only matters arising out of XXN, unless court gives leave.

Question 20

s 4 of the Evidence Act 2008 (Vic)

Answer 20

Courts and proceedings to which Act applies.

Sentencing matters if direction.