Credibility evidence Flashcards
What is the credibility rule? s101A
evidence which is relevant only because it affects the assessment of the credibility of the witness or person OR because it affects credibility and is otherwise inadmissible (s101A).
What are the exceptions to the credibility rule?
- – cross examination as to credibility – s103
- evidence in rebuttal of denials (s 106)
3.evidence to re-establish credibility (s 108)
4.evidence of persons with specialised knowledge (s 108C) - character of accused persons (s 110).
How does credibility work in XXN of a W?
S.103(1) allows credibility evidence to be adduced during the cross-examination of a witness if the evidence could substantially affect the assessment of the credibility of the witness.
What does the court consider in making an application to XXN a W re their credibility?
o Whether the evidence tends to prove that the witness knowingly or recklessly made a false representation when he or she was under an obligation to tell the truth; and
o The period of time that has elapsed since the acts or events to which the evidence relates were done or occurred.
P can XXN an accused without leave re …
S 104(3) provides that leave is not required for cross-examination by a P about whether the A:
is biased or has a motive to be untruthful
has memory difficulties to which his or her evidence relates, or
has made a prior inconsistent statement.
In What circumstances can an Accused be questioned re their crediblity?
An accused must not be XXd as to credibility unless
- the Court gives leave and 2. only if A has adduced evidence to prove that a prosecution witness has a tendency to be untruthful and was relevant solely or mainly to that witness’ credibility (s 104(2)&(4)).
What if a co-accused wanting to XXN an accused re their credibility?
A co-accused needs leave to cross-examine a D.
Leave is not given unless the D has led evidence adverse to the co-accused seeking to cross-examine. (s 104(6)).
When it comes to PIS, in what circs P does not need leave to XXN A?
S 104(3) provides that leave is not required for cross-examination by a P about whether the A:
is biased or has a motive to be untruthful
has memory difficulties to which his or her evidence relates, or
has made a prior inconsistent statement.
In what circs can the XXN’er call evidence from another source?
Provided s 103 has been followed which allowed question to be put and answered, under s 106 if W denies making PIS or there’s some other matter relevant to xxn which they haven’t admitted then the cross examiner can call that evidence from another source.
This is evidence in rebuttal of denials which is an exception to the credibility rule.
In XXN’ing a W who has made a PIS, what can the XXN’er ask without leave?
No leave is required if the evidence tends to prove that the W (s 106(2)):
* is biased or has a motive to lie; or
o Hostility towards D;
o Interest in having D convicted to deflect attention from W being the culprit;
* has prior convictions; or
* has made prior inconsistent statements; or
o Adam v The Queen – Thaier Sako’s previous statements going in when Crown XXn him as unfavourable witness. No leave required.
* is unable to be aware of or recall matters to which his or her evidence relates; or
* on a previous occasion has made a false representation while under an obligation to tell the truth.
What happens after another W is called to rebut W1’s denial?
If, under s 106, evidence relating to a witness 1 is adduced from witness 2 to rebut a denial, the party who called the first-mentioned witness may do either or both of the following for the purpose of re- establishing the witness 1’s credibility:
re-examine the W1 under (s 108(1));
cross-examine the W2.
How can credibility be re-established?
Evidence of a prior consistent statement can be admitted if evidence of a prior inconsistent statement or a suggestion of fabrication or recent invention will be made and the Court gives leave (s 108(3)).
In re-examination, a witness may be questioned about matters arising out of evidence given by the witness in cross-examination and other questions may not be put to the witness without leave of the court (s 39). Leave is not required to adduce evidence under s 108. The evidence sought to be adduced must satisfy the requirements of relevance to be admissible.
What is the exception to credibility rule for persons with specialised knowledge?
(1) The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if—
(a) the person has specialised knowledge based on the person’s training, study or experience; and
(b) the evidence is evidence of an opinion of the person that—
(i) is wholly or substantially based on that knowledge; and
(ii) could substantially affect the assessment of the credibility of the witness; and
(c) the court gives leave to adduce the evidence.
Relationship between character evidence and credibility rule?
Exception to the credibility rule
