STUDY UNIT 6

Question 1

What is a Previous Consistent Statement?

Answer 1

is an oral or written statement made by a witness on a previous occasion that is substantially the same as the witness’s testimonial statement made before the court.

Question 2

Previous consistent statement is irrelevant because:

Answer 2

1. it has insufficient probative force.
2. it is easily fabricated.
3. it is superfluous
4. may result in numerous collateral issues.

Question 3

The relevance of….

Answer 3

the relevance of a previous consistent statement is limited to rebutting an attack on the credibility of the witness.

Question 4

ADMISSIBILITY OF PREVIOUS CONSISTENT STATEMENTS, THREE EXCEPTIONS:

Answer 4

1. To rebut the suggestion of recent fabrication
2. complaints in sexual cases where there is a victim:
   -a voluntary complaint
   -the victim must testify
   -the first reasonable opportunity
   -a victim to a sexual offence
3. Prior identification

Question 5

PRIOR IDENTIFICATION

Answer 5

prior identification carries more weight than dock identification.

Question 6

STATUTORY REFORMS

Answer 6

sections 58 & 59 of the Criminal Law Amendment Act are remedial provisions.

Question 7

FACTORS TAKEN INTO CONSIDERATION:

Answer 7

1. the nature of the complainant
2. the nature of the facts
3. time and place

Question 8

OTHER CIRCUMSTANCES WHERE PREVIOUS CONSISTENT STATEMENTS ARE ADMISSIBLE:

Answer 8

-section 34(2) of the CPEA and section 222 of the CPA
-Res gestae
-section 213 of the CPA
-Refreshing memory
-Statements made on arrest.

Question 9

PROCEDURE OF DEALING WITH PREVIOUS INCONSISTENT STATEMENT

Answer 9

Regulated by section 4 of the English Criminal Procedures Act:
1. Ask the witness if they have made any previous inconsistent statement earlier besides the one the have given in court.
2. Give the witness enough details about the statement made you are hoping to use to enable him or her to identify the occasion
3. if he/she admits, allow them to explain the inconsistency
4. if he denies, then you must prove the documents originality and authenticity.

Question 10

EVIDENTIARY CONSEQUENCES:

Answer 10

FACTORS:
1. the degree of inconsistency
2. whether it was material or unimportant facts
3. the possibility of the inconsistency being due to error.