Credibility

Question 1

What part of the Evidence Act are rules about credibility located?

Answer 1

Pt 3.7

Question 2

What is “credibility”?

Answer 2

evidence that relates to a the honesty or reliability of a person, including their perception and recollection
it can undermine or bolster credibility

Question 3

What section is the meaning of “credibility evidence” set out in?

Answer 3

s 101A

Question 4

What is “credibility evidence”?

Answer 4

credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility the witness or person that is either:
- only relevant because it affects the assessment of credibility; OR
- is relevant because it affects assessment of credibility and for some other purpose for which it is not admissible or cannot be used because of a provision of Pt 3.2-3.6

Question 5

What is the credibility rule that applies to witnesses?

Answer 5

Credibility evidence about a witness is not admissible (s 102); in a criminal proceeding, credibility evidence about a defendant in cross-examination by a P or D2 is not admissible (s 104)

Question 6

What is the credibility rule that applies to representers?

Answer 6

if evidence of a previous representation has been admitted AND the person who made he representation has not been called or will not be called to give evidence, credibility evidence about the person who made the representation (the non-witness) is not admissible (s 108A(1))

Question 7

When does credibility evidence about a W become admissible?

Answer 7

• s 103 - when cross-examining and evidence is capable of substantially affect the assessment of credibility
• s 104 (for crim proceedings) - P has the right to cross examine about (1) prior inconsistent statements made by D; (2) D’s “bias or motive to be untruthful”(referring to an interest over and above the particular interest every D has in the outcome of the proceeding); (3)
  D’s inability to have observed or recalled matters about which D has given evidence. P can cross-examine about D’s credibility generally if P has leave (must meet preconditions for leave - D has adduced and had admitted evidence that impugns veracity of P’s W and relates solely to W’s credibility’ does not concern W’s conduct regarding events for which D is on trial and does not relate to W’s conduct in the investigation of the alleged offence). D2 can cross-examine with leave only if evidence has been admitted that is adverse to D2.
• s 108(1) - re-examination
• s 108(3) - prior consistent statements
• s 106 - rebutting denials (of evidence otherwise than from the W)

Question 8

When does credibility evidence about a representer become admissible?

Answer 8

If it could substantially affect the assessment of the person who made the representation’s credibility (s 108A(1))