The Course of Evidence

Question 1

What is the Judge’s role in a trial by Jury?

Answer 1

a) Decide all questions concerning the admissibility of evidence.
b) Explain and enforce the general principles of law applying to the point at issue.
c) Instruct the Jury on the rules of law by which the evidence is to be weighed once it has been submitted.

Question 2

Restrictions on comment on defendant’s right of silence at trial

Answer 2

In a criminal proceeding, no person other than the defendant, counsel or the Judge may comment on the fact that the defendant did not give evidence at his or her trial.

Question 3

Define leading question.

Answer 3

A leading question is one that directly or indirectly suggests a particular answer to the question.

Question 4

The general rule about leading questions is that leading questions are not to be put to a witness during evidence in chief or re-examination. What are the reasons why leading questions are not generally permitted?

Answer 4

a) There is a natural tendency for people to agree with suggestions put to them by saying “yes”.
b) Counsel asking leading questions of their own witnesses can more easily get the answer they wish to receive.
c) There is a danger that leading questions will result in the manipulation or construction of evidence between the counsel and the witness.

Question 5

When are leading questions permitted? Leading questions are statutorily permitted in evidence in chief in some circumstances, what are those circumstances per s89(1)?

Answer 5

a) The question relates to introductory or undisputed matters.
b) The questions are put with the consent of all other parties.
c) The Judge allows the question.