Credibility Flashcards
What is the difference between Credibility and Character?
Credibility relates to witnesses other than the defendant.
Character refers to the credibility of the defendant.
Where is Credibility defined?
Evidence Act dictionary.
What are the two types of credibility?
Credibility of a witness - Means the credibility of the evidence given in court.
Credibility of a person - Who makes a representation out of court and their ability to remember facts and events.
Update this question.
Dupas v The Queen says what in relation to the term “ability to observe or remember facts and events”?
It states the term denotes reliability. Therefore credibility looks at both the reliability and the truthfulness.
Credit can be relevant for what two things?
The reliability/truthfulness of the witness generally.
The reliability of the particular testimony given.
Adam v The Queen changed what part of the credibility rule?
It removed the term only from the credibility rule and created S.101A which filled the gap which was that even if it relevant for multiple purposes it is still excluded.
What does S.101A say about defining credibility?
It defines credibility evidence as evidence which is either only relevant to assess relevant credibility, or
Is relevant for credibility and for some other purpose between 3.2 - 3.6. Hearsay, opinion, admissions etc.
What does S.102 say about the credibility rule?
Credibility evidence about a witness is not admissible.
What is the two part test under S.103?
Credibility rule does not apply if:
Evidence adduced in cross-examination.
Substantially affect the assessment of the credibility.
Section 104 adds further protections for credibility what are they and what is the exceptions?
S.104 applies in addition to S.103
Defendant must not be XX about credibility unless court gives leave.
Leave is not required if it relates to:
Bias, motive to be untruthful
Is, or was unable to be aware of recall matters.
Has made a prior inconsistent statement.
When seeking leave what are consideration for this under S.192?
Non exhaustive list, Increase or decrease the hearing. Unfairness to a party. Importance of the evidence. Nature of the proceedings.
What does S.106 say about credibility evidence?
Credit rule doesn’t apply to evidence relevant to the witnesses credibility but is not adduced from them.
Must put substance of the evidence to the witness
The witness denies, doesn’t agree or admit.
Seek leave from court to adduce evidence.
Unless exception 1/5 met.
Under S.106 what are the Five criteria for not needing to seek leave?
- Biased or has motive for being untruthful
- Has been convicted of an offence
- Made prior inconsistent statement
- Was unable to be aware of matters relating to their evidence.
- Knowingly or recklessly made a false representation while under obligation.
What does Col v R say? There are four points.
A victim statement does not fall under S.66 as it is produced for indicating what evidence they would be prepared to give.
The evidence was put to the witness in XX under S.38 therefore fell into the scope of S.103.
In addition to this the statement was admissible pursuant to S.106 as a prior inconsistent statement as the facts were denied by the witness.
Once the statement was admissible under S.106 it was used for its hearsay purpose S.60, the truth of its content.
What does S.108 enable you to do?
Credibility rule doesn’t apply to evidence adduced in re-examination or evidence of a prior consistent statement if:
Evidence of a prior inconsistent statement of the witness has been admitted, or
It is or will be suggested that evidence given by the witness has been fabricated or re-constructed or is result of suggestion.
And the court give leaves to adduce the evidence of the prior consistent statement.
