Credit + Character Flashcards
Difference between credit and character?
Credit - Relates to WITNESS and/or evidence
Character - Relates to the ACCUSED where they raise their own good haracter.
Where is defnition of credibility evidence?
101A Evidence Act
101A Evience Act?
- Cred evidence, in relation to a witness or other person
- Is evidence that is relevant to their credibility and that:
a) Is relevant ONLY becuase it affects the assessment of the credibility of the witness or person, OR
b) Is relevant:
i - Because it affects the assesment of the crediblilty of the witness or person AND,
ii - For some other purpose for which it is not admissible, or cannot be used, becuase of a provision of parts 3,2 to 3,6.
What is 101A (b) saying?
For (b), must affect assessment of the persons crediblity and have another purpose excluded by a rule from parts 3.2-3.6.
102?
Credibility Evidence about a witness is not admissible.
103?
Exception - Cross examination
103 (1)?
Credibility rule does not aply to evidence adduced in CROSS-EXAMINATION of a witness if it could SUBSTANTIALLY affect the credibility of the witness.
Focus is Substantially
103 (2)?
Without limiting things to take into consideration, Court 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.
104?
Further protections - Cross examination on credit
104 (1)?
Only applies to crim proceedings, applies in addition to 103.
104 (2)?
Defendant not to be corss examined on credit unless Court gives leave.
104 (3)?
Leave not required if cross examine on whether defendant:
a) BIased or has motive to be untruthful.
b) is, was unable to recall matters to which his/her evidence relates.
c) Has made prior inconsistent statement.
s106?
Rebutting denials by other evidence.
If a witness denies a matter related to their credibility during cross examination, you can SEEK LEAVE and then adduce evidence on the same credibility issue from a different witness, or from a document (i.e a crim history/statement etc)
“Adduced otherwise than from the witness” - document or another witness.
e.g - Cross defence witness (not defendant) they say they have no crim record when you question them on it. As they have denied it you can adduce the evidence bytendering their record
108?
Exception: Re-establshing credibility
108 (1)?
Credibility rule does not apply to evidence adduced in re-examination.
108 (3)?
Credibility rule does not apply to evidence of a prior CONSISTENT statement of a witness if;
a) Evidence of a prior inconsistent stateme t of a witness has been tendered, OR
b) Has been suggested That evidece of witness has been fabricated or re-constrcuted or is result of suggestion.
AND the Court gives leave to adduce the evidence of th eprior consistent statement
108 basically?
Where recent invention is suggested, prior statement can be tendered even if otherwise inadmissible. Applies to civilians and Police.
109?
This part - Character - only applies in crim proceedings.
What do 110 and 112 deal with?
cross examination of an accused when evidence has been tendered BY THE ACCUSED to prove they are good characater (must be the intent) generally or in a particular respect.
110?
Evidence about character of accused persons.
110 (1)?
Hearsay, opinion, tendency, credibility rule do NOTapply to evidene addued by defendant to prove they are a person of good character.
110 (2)?
If evidence adduced to prove def is GENERALLY of good character, rules dont apply to evidence adduced to prove they are NOT GENERALLY of good character.
110 (3)?
same as 110 (2) except “In a particular respect”.
More specific than 110 (2).
112?
cant cross examin on char without first getting leave.
What section is leave sought under?
192 Evidence Act.
If want to cross examine on character what are steps?
109 - Applies in criminal
112 - Must seekleave
192 - Seek leave under
110 - Cross examine.
Different ways to attack credibility?
Credibility of person - They are a liar etc
Credibility of evidence - View of offence obstructed, witness intoxicated etc.
Adam v The Queen on credibility?
As a result of Adam v The queen and its interpreteation, 101A was inserted into the Act.
General rule from 101A?
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.
