Credibility Flashcards
What is the credibility rule as per Section 102 of the Evidence Act?
102 The credibility rule – Evidence Act 1995 Credibility evidence about a witness is not admissible.
* It follows that the general rule is: A question that is directed to any of the matters relevant to the reliability of the witness or the reliability of the witness’s testimony, and is not relevant for any other purpose, is INADMISSIBLE.
What does section 101A of the Evidence Act say about credit?
101A Credibility evidence Credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that— (a) is relevant only because it affects the assessment of the credibility of the witness or person, or
(b) is relevant—
(i) because it affects the assessment of the credibility of the witness or person, and
(ii) for some other purpose for which it is not admissible, or cannot be used,
What Case Law did section 101A of the Evidence Act remedy? Why?
Section 101A was inserted as a response to the decision of the High Court of Australia in Adam v The Queen (2001) 207 CLR 96.
Before 101A – credit was only relevant for credit – if it had another purpose, it cant be credibility.
Adam had a relevant purpose – it was relevant to another purpose. It made inadmissible evidence admissible.
What does S103 of the Evidence act state about credibility?
(1) The credibility rule does not apply to evidence adduced in cross-examination of a witness if the evidence could substantially affect the assessment of the credibility of the witness.
(2) Without limiting the matters to which the court may have regard for the purposes of subsection (1), it is to have regard to—
(a) whether the evidence tends to prove that the witness knowingly or recklessly made a false representation when the witness was under an obligation to tell the truth, and
(b) the period that has elapsed since the acts or events to which the evidence relates were done or occurred.
What does S104 of the evidence act state about credibilty?
(1) This section applies only to credibility evidence in a criminal proceeding and so applies in addition to section 103.
(2) A defendant must not be cross-examined about a matter that is relevant to the assessment of the defendant’s credibility, unless the court gives leave.
(3) Despite subsection (2), leave is not required for cross-examination by the prosecutor about whether the defendant—
(a) is biased or has a motive to be untruthful, or
(b) is, or was, unable to be aware of or recall matters to which his or her evidence relates, or
(c) has made a prior inconsistent statement.
What does S106 of the evidence act state about credibility?
106 Exception: rebutting denials by other evidence
(1) The credibility rule does not apply to evidence that is relevant to a witness’s credibility and that is adduced otherwise than from the witness if—
(a) in cross-examination of the witness— (i) the substance of the evidence was put to the witness, and
(ii) the witness denied, or did not admit or agree to, the substance of the evidence, and
(b) the court gives leave to adduce the evidence.
(2) Leave under subsection (1) (b) is not required if the evidence tends to prove that the witness—
(a) is biased or has a motive for being untruthful, or
(b) has been convicted of an offence, including an offence against the law of a foreign country, or
(c) has made a prior inconsistent statement, or
(d) is, or was, unable to be aware of matters to which his or her evidence relates, or
(e) has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.
What does S108 of the evidence act state about credibility?
Same as 106, except this is in re examination!
