Extra notes

Question 1

Define “hostile witness”

Answer 1

• Exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness
on a matter they are supposed to have knowledge

• gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness
• refuses to answer questions or deliberately withholds evidence.

Question 2

What is the general rule in relation to leading questions

Answer 2

The general rule is that leading questions may not be asked during examination in chief or re examination

Question 3

Explain what a “voir dire” is

Answer 3

• a hearing where evidence is given by a witness
  to prove the facts necessary

for deciding whether some other evidence
should be admitted in a proceeding

-Conducted without a jury

Question 4

What 4 principles of law do the court need to consider in deciding whether the evidence is admissible?

Answer 4

• Relevance
• Reliability
• Unfairness
• Public interest

Question 5

Explain what is meant by “burden of proof”

Answer 5

• Whoever asserts something must prove it

• In criminal cases the burden of proof is on the Crown
. All that a defendant needs to do is to raise a doubt as to their guilt.

• In a criminal case the prosecution must prove every essential ingredient of the offence beyond a reasonable doubt.

Question 6

What does propensity evidence mean

Answer 6

evidence about a person’s propensity to act in a particular way or have a particular state of mind,

includes evidence of acts, omissions, events or circumstances

with which a person is alleged to have been involved.

Question 7

What are presumptions of law?

what are presumptions of facts?

Answer 7

inferences that have been expressly drawn by law from particular facts. conclusive or rebuttable

facts that the mind naturally and logically draw from facts given

Question 8

who are the only people that can comment on the defendants right to silence?

Answer 8

defendant
defendants counsel
judge

are the only people that can comment that the defendnat did not give evidence

Question 9

*What is the section 8 test?

Answer 9

Balancing the probative value of evidence against the risk that it will

• Have an unfairly prejudicial effect
• Needlessly prolong the proceeding

Question 10

Steps in examining a witness

Answer 10

Witness gives evidence in chief

then cross examined by all parties other than the party calling the witness

witness may be re examined by their party

Question 11

Limits on RE examination

Answer 11

The party who called the witness may re examine that witness for the purpose of clarifying or qualifying any issues raised during cross examination BUT may not be questioned on any other matter, except with the permission of the judge.

Question 12

Unacceptable questions are questions that are

Answer 12

IMUNE

improper 
misleading 
unfair 
needlessly repetitive 
expressed in a language too complicated

Question 13

Referring to your notebook

Answer 13

• Ask the courts permission
• introduce the material properly
• seal off other entries
• refresh only, don’t read the whole entry