EA Cases

Question 1

R v Kneebone

Answer 1

• P bears responsibility for deciding whether to call a W.
• J not obliged to to question R’s reasons.
• J can ask C to reconsider at close, but can not compell.
• J may comment on C’s failure to call a witness but see [Dyers]
• J should not call a witness but for exceptional circustances.
• J should not call W save for “eceptional circumstances”.
• C need to point to factors of “unreliability” - appropriate steps include interviewing witnesses.

Question 2

SH v R

Answer 2

• strict compliance with s 13(5)(c) required explaining 3 paragraphs.
• does not need to be verbatim, but should strictly convey the substance of s 13(5).

Question 3

Browne v Dunn

Answer 3

• the cross-examiner must put to each of the opponent’s witnesses so much of his own case as concerns that witness or on which that witness could give evidence.
• in short, if you intend to lead evidence that is contrary to what witness has said - you need to put it to them in cross-examination