5. Course of Evidence - Cross examination

Question 1

What are the various statutory controls in the EA06 that cross-examination is subject to?

Answer 1

1. cross-examination duties – s92
2. limits on cross-examination by parties in person – s95, and
3. the prohibition on unacceptable questions – s85.

Question 1

What are the two purposes of cross-examination?

Answer 1

1. to elicit information supporting the case of the party conducting the crossexamination
2. to challenge the accuracy of the testimony given in evidence-in-chief

Question 2

When must a party cross-examine a witness?

Answer 2

The duty to cross-examine will therefore arise under the Act when:
1. the cross-examination deals with “significant matters” in the proceeding, and
2. the matters are “relevant” and “in issue” in the proceeding, and
3. the matters “contradict the evidence of the witness”, and
4. The witness may “reasonably be expected to be in a position to give admissible evidence on those matters”.

Question 3

in s85(2) what may the judge have regard to in relation to85(1)

Answer 3

1. the age or maturity of the witness; and
2. any physical, intellectual, psychological, or psychiatric impairment of the witness; and
3. the linguistic or cultural background or religious beliefs of the witness; and
4. the nature of the proceeding; and
5. in the case of a hypothetical question, whether the hypothesis has been or will be proved by other evidence in the proceeding.

Question 4

Can witnesses be cross -exained in relation to previous inconsistent statements?

Answer 4

Yes. such statements may include;
1. written witness statements
2. oral statements