Credit + Character

Question 1

Difference between credit and character?

Answer 1

Credit - Relates to WITNESS and/or evidence

Character - Relates to the ACCUSED where they raise their own good haracter.

Question 2

Where is defnition of credibility evidence?

Answer 2

101A Evidence Act

Question 3

101A Evience Act?

Answer 3

• 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.

Question 4

What is 101A (b) saying?

Answer 4

For (b), must affect assessment of the persons crediblity and have another purpose excluded by a rule from parts 3.2-3.6.

Question 5

102?

Answer 5

Credibility Evidence about a witness is not admissible.

Question 6

103?

Answer 6

Exception - Cross examination

Question 7

103 (1)?

Answer 7

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

Question 8

103 (2)?

Answer 8

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.

Question 9

104?

Answer 9

Further protections - Cross examination on credit

Question 10

104 (1)?

Answer 10

Only applies to crim proceedings, applies in addition to 103.

Question 11

104 (2)?

Answer 11

Defendant not to be corss examined on credit unless Court gives leave.

Question 12

104 (3)?

Answer 12

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.

Question 13

s106?

Answer 13

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

Question 14

108?

Answer 14

Exception: Re-establshing credibility

Question 15

108 (1)?

Answer 15

Credibility rule does not apply to evidence adduced in re-examination.

Question 16

108 (3)?

Answer 16

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

Question 17

108 basically?

Answer 17

Where recent invention is suggested, prior statement can be tendered even if otherwise inadmissible. Applies to civilians and Police.

Question 18

109?

Answer 18

This part - Character - only applies in crim proceedings.

Question 19

What do 110 and 112 deal with?

Answer 19

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.

Question 20

110?

Answer 20

Evidence about character of accused persons.

Question 21

110 (1)?

Answer 21

Hearsay, opinion, tendency, credibility rule do NOTapply to evidene addued by defendant to prove they are a person of good character.

Question 22

110 (2)?

Answer 22

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.

Question 23

110 (3)?

Answer 23

same as 110 (2) except “In a particular respect”.

More specific than 110 (2).

Question 24

112?

Answer 24

cant cross examin on char without first getting leave.

Question 25

What section is leave sought under?

Answer 25

192 Evidence Act.

Question 26

If want to cross examine on character what are steps?

Answer 26

109 - Applies in criminal
112 - Must seekleave
192 - Seek leave under
110 - Cross examine.

Question 27

Different ways to attack credibility?

Answer 27

Credibility of person - They are a liar etc

Credibility of evidence - View of offence obstructed, witness intoxicated etc.

Question 28

Adam v The Queen on credibility?

Answer 28

As a result of Adam v The queen and its interpreteation, 101A was inserted into the Act.

Question 29

General rule from 101A?

Answer 29

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.