Credit Flashcards
What is the difference between ‘credit’ and ‘character’?
Credit relates to the witness and/or evidence whereas character relates to the defendant where they raise their own good character
How is ‘credit’ relevant?
(1) Goes to the reliability (untruthfulness) of the witness generally - e.g. Bias, motive
(2) Goes to the reliability of their evidence - e.g. Distance of perception, memory, vision
How is ‘Credibility Evidence’ defined?
Evidence Act - Section 101A: ‘Credibility Evidence’ is evidence relevant to the credibility of a witness or person that either: (a) relevant only because it affects the assessment of credibility of a witness or person or (b) relevant because it affects the assessment of credibility of a witness or persons AND is relevant but not admissible due to hearsay or another rule
Why was Section 101A introduced?
Adam v the Queen - The ‘Credibility Rule’ does not apply if the evidence is relevant to both credibility and a fact in issue, evidence if the evidence is not admissible for the purpose of proving that fact in issue - confirmed that it is a matter of relevance not admissibility - rule not engaged if for credibility and other purpose
What is the ‘Credibility Rule’?
Evidence Act - Section 102 - ‘Credibility Evidence’ about a witness is not admissible
What exception applies to cross-examination as to credibility?
Evidence Act - Section 103:
(1) Rule does not apply to evidence adduced in cross-examination if the evidence could substantially affect the credibility of the witness
(2) Can have regard to (a) credit of witness and (b) credit of evidence
What exception applies as further protection for cross-examination of the defendant?
Evidence Act - Section 104:
(3) Defendant can be cross-examined about credibility without leave if he: (a) is biased/has motive to be untruthful or (b) is unable to recall matters to which his evidence relatives or (c) has made a prior inconsistent statement
(4) Leave not required if defendant attacks credit of crown witness
What exception applies to rebut denial with other evidence?
Evidence Act - Section 106:
(1) If a witness denies a matter related to credit, can seek leave to adduce evidence on same credit issue from another witness
(2) Leave not requires if witness is: (a) biased, (b) convicted of relevant offence, (c) made prior inconsistent statement, (d) unable to recall matters or (e) made false representation
What exception applies to re-establishing credibility?
Evidence Act - Section 108:
You can, in re-examination, re-establish credibility by adducing evidence of a prior consistent statement if it has been or will be suggested or implied the witness lied
What is ‘character evidence’?
Character evidence (not defined in the Act) relates only to the defendant and has two possible uses: (1) relevant to the defendant’s credibility as a witness (credibility limb) and (2) relevant as to whether the defendant is the type of person who would commit the crime as charged (propensity limb)
What rules apply to character evidence?
Evidence Act - Section 110: Rules do not apply to cross-examination of a defendant where evidence has been tendered by the defendant to prove that he is either generally, or in a particular respect, of good character
R v Stadler - Prosecution not to establish defendant is of bad character but rather establish a neutral finding
Is leave required to cross-examine the defendant about character?
Evidence Act - Section 112:
Yes, the defendant is not to be cross-examined about character unless the court gives leave under Section 192.
Credit Summary: 101A, 102, 103, 104, 106, 108, 110, 112
101A - Definition, 102 - Rule, 103 - Exception: during cross-examination if substantially affect, 104 - Leave required to cross defendant unless biased, unable to recall, or prior inconsistent statement, 106 - can call witness solely to rebut a denial about credibility, 108 - can re-establish credibility when suggested witness lied, 110 - rules don’t apply to character, 112 - need leave
