Brown v Dunn Flashcards
What does Browne v Dunn say?
If you intend to impeach a witness you are bound whilst he is in the box and able to give an explanation. It is a rule of professional practice and is essential to fair play.
Must put the defence to the witness.
How many parts are there to the Browne v Dunn rule and what are they?
Fairness and Weight. Fairness is the overriding principle.
Allied Pastoral Holdings v Com of Taxation says what?
If a witness is not cross examined in relation to a particular point to which they have given evidence, then that circumstance would often be very good reason for accepting the evidence of that witness on that point.
Unless prior notice has been given of the cross examiners intention to rely on such matters it is necessary to put to the witness the nature of their case.
What can a breach of Browne v Dunn cause to the weight of that evidence?
One potential consequence of a breach is that the evidence gains more weight then if it had been properly cross examined or challenged.
Burnitt v Cleary & Anor says what in relation to Browne v Dunn?
It is the authority to not cross examine the defendant on the prosecutions version.
They were served a brief of evidence and were in court during the hearing of that evidence and is thus put on notice.
There is no rule that obliges the prosecutor to attack the defendant’s denial of the prosecution case (although to do so could be expected of a prosecutor).
R v Costello says what about Browne v Dunn?
There is no obligation to challenge every single word. And any submissions on a particular word or phrase used is to be, or not be accepted is a misunderstanding of the rule.
What are the three type of remedies for a breach of Brown v Dunne?
Strict
Liberal
S.46 Evidence Act Recalling a witness.
What is an example of a Strict remedy?
Peter Schneidas case, Court would refuse to allow the defendant to call evidence on certain points to contradict a crown witness.
What is an example of a Liberal remedy?
Seymour v ABC, Courts may reject the party from submitting on the untested evidence.
What does Reid v Kerr say about Liberal remedies to Browne v Dunn?
A jury might have no justification for rejecting those unchallenged parts of a witness’ evidence.
What does R v Robinson say about liberal remedies?
Court may draw an inference that the defendant’s evidence is a recent invention where it differs from the unchallenged evidence of another witness.
S.46 Leave to recall a witness allows for what?
Allows for a witness to be recalled if the evidence has been admitted which contradicts evidence in chief and was not cross examined on it.
Does S.46 of the Evidence Act 1995 completely abolish the Common Law remedies?
No, s.9 of the Evidence Act outlines that common laws still apply unless expressly provided.
