Chapter 7- Collateral Facts Flashcards
What is Keane’s analysis of what a collateral issue is?
Keane, The Modern Law of Evidence, 8 proffers a refreshing and surprising analysis of what a collateral issue is. He describes collateral facts as subordinate facts and then goes on to mention two types of collateral issues:
1) Facts affecting the credibility of a witness testifying to a fact in issue or a relevant fact; and
2) Facts, sometimes called ‘preliminary facts’ which must be proved as a condition precedent to the admissibility of certain items of evidence tendered to prove a fact in issue or a relevant fact.
What is the biggest problem with the issue of collateral facts?
That no workable or acceptable definition of “collateral facts” has been coined through the years.
Do collateral facts have a bearing on credibility?
No, they don’t necessarily have a bearing on credibility. May, Criminal Evidence, 342 states:
“The general rule is that an answer to a question relating to credit OR other collateral matter, is final.”
What does the Appelate division equate the English law test for collateral facts with?
In danger of oversimplifying the Appelate division equates the English law test for collateral issues, established by Pollock C.B. in Attorney-General v Hitchcock, with the criterion for relevancy.
Although it may seem to be an oversimplified, but popular test for collateral issues, Pollock CB sets a norm that isn’t only realistic in practice, but also goes straight to the heart of what it is exactly.
What is the traditional approach to the rule relating to the admissibility of collateral facts?
The answers to questions put in cross-examination and to those which emanate from collateral issues, are final. It may not be rebutted by further evidence.
What is the modern approach to the rule relating to the admissibility of collateral facts?
If the party can show that the answers to certain questions or even certain evidence, don’t solely relate to the credibility of a specific witness, but to admissibility on other grounds, the rule relating to collateral issues as far as credibility is concerned, doesn’t feature. If the party is unable to do so, or if another collateral fact is involved, the rule against admissibility will apply, unless there is reason to look at on of the exceptions to the rule.
What is the reason for the general rule that collateral facts are inadmissable?
The unnecessary time wasted on collateral facts is normally given as its reason for in admissibility.
Zeffertt sums up the foundation of this rule stating that the range of matters which may be relevant to credit is extremely wide and if every collateral issue had to be investigated, the trial might be indefinitely prolonged.
May 342 prophetesses that this rule prohibits the distortion of the real issues by unlimited side issues.
What are the exceptions to the rule, that answers to questions of collateral value only are final? -5 points
1) Previous inconsistent statements;
2) Previous convictions;
3) Bias;
4) Evidence of physical or psychological defect which may influence credibility;
5) Evidence of a reputation for mendacity.
