More Again Flashcards
Informers
And informer has a privilege in respect of information that would disclose, or likely disclose, the informants identity
A person is an informer if
– they have supplied, graciously or for reward, information to enforcement agency, or to a representative of law enforcement agency, concerning the possible or actual commission of an offence and circumstances in which the person has a reasonable expectation that their identity will not be disclosed.
– is not called as a witness by the prosecution to give evidence relating to that information.
– Informer maybe a member of the Police working undercover
Corroboration offences
Evidence must be corroborated with the following
– perjury
– false oaths
– false statements
– treason
Corroboration – child complaints
Prohibits corroboration warning in cases involving child complaints where the warning would not have been given had the complainant been an adult
Judges role in a trial by jury
– Decide all questions concerning the admissibility of evidence
– explaining and enforce the general principles of law applying to the point at issue
– instruct to the jury on the rules of law by which the evidence is to be weighed once submitted
Oaths and affirmations – witnesses under 12 must
Be informed by the judge of the importance of telling the truth and not to tell lies and
– after being given the information make a promise to tell the truth before giving evidence
Right to silence
In a criminal proceeding, no person other than the defendant, defendants council or the judge may comment on the fact that the defendant did not give evidence at their trial
Leading questions - unreliable for the following reasons
The probative on leading questions is that it will produce unreliable evidence for the following reasons
– there is a natural tendency for people to agree with suggestions put to them
– council asking leading questions of their own witness can more easily elicit the answers which they wish to receive, reducing the spontaneity and genuineness of their testimony
– there is a danger that leading questions will result in manipulation or construction of evidence through conclusion, conscious, or otherwise between council and the Witnesses
Leading questions are permitted when
- Question relating to introductory or undisputed matters
– question is put with the consent of all parties
– judge can exercise judges discretion and allow the question
Refreshing memory in court – consult with the document
– Leave of the judge must be granted
– document must be shown to every other party in the proceeding
– document was made or adapted by a witness at the time when their memory was fresh
Previous consistent statement rule
A previous statement of a witness that is consistent with the witnesses evidence is admissible if the statement
– responds to a challenge that will be or has been made to the witnesses veracity or accuracy based on previous inconsistent statement of a witness or on a claim of intervention of the witness
– forms in integral part of the events before the court
– consistent with a fact that a complaint has been made in a criminal case
Hostile witness questioning
– Asking leading questions
– asking questions designed to probe the accuracy of memory and perception
– asking questions as to prior or inconsistent statements
– other challenges to veracity including evidence from other witnesses
Hostile witness defined
– Exhibits or appears to exhibit a lack of voracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge
– give evidence that is inconsistent with a statement made by that witness or in a matter that exhibits, or appears to exhibit, and intention to be unhelpful to the party who called the witness
– refuses to answer questions or deliberately upholds evidence
Purpose of cross-examination
– elicit information supporting the case of the party conducting the cross examination
– to challenge the accuracy of a testimony given in evidence in chief
Unacceptable questions – judge considers
– Age and maturity of the witness
– any physical, intellectual, psychological, or psychiatric impairment of a witness
– linguistic or cultural background or religious beliefs of the witness
– nature of the proceeding
– in the case of hypothetical question, if the hypothesis will be proved by other evidence during the proceedings
Limits of re-examination
After cross-examination by the opposing counsel, the party who called the witness may re-examine the witness for the purpose of clarifying or qualifying any issue raised during the cross-examination, but may not be questioned on any other matter, except with the permission of the judge
