5. The Course of Evidence - Leading questions are permitted in cross-examination Flashcards
What are the conditions that must be satisfied to consult a document while giving evidence?
- The leave of the judge must be obtained.
- The document must be shown tevery party in the proceeding.
- S90(5) requires the docuemtn to have been made or adopted by a witness at a time when his or her memory was fresh.
What are the three exceptions to the general prohibition on previous consistent statements in s35(2)?
A previous consistent statement will only be admissible to the extent that the statement;
1. Is necessary to respond to a challenge to the witnesses accuracy or veracity.
2. Integral to the matters before the court
3. The fact a complaint was made
What kind of questions can you ask a witness who has been declared hostile?
- asking leading questions
- asking questions designed to probe the accuracy of memory and perception
- asking questions as to prior inconsistent statements, and
- other challenges to veracity, including evidence from other witnesses
What is meant by the term hostile witness?
It means the witness;
1. exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
2. gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
3. refuses to answer questions or deliberately withholds evidence.