The Course Of Evidence

Question 1

The judge’s role in a jury trial

Answer 1

Decide all questions concerning the admissibility of evidence

Explain and enforce the general principles of law applying to the issue

Instruct the jury on the rules of law by which the evidence is to be weighed

Question 2

Oaths and affirmations

Answer 2

Witnesses who are 12 years of age or older must take an oath or affirmation

Witnesses under the age of 12

• must be informed by the judge of the importance of telling the truth and not telling lies and
• make a promise to tell the truth

Question 3

The purpose of evidence in chief

Answer 3

To elicit testimony that supports the case of the party calling that Witness

Question 4

The general rule for leading questions

Answer 4

Is that leading questions may not be asked during evidence in chief or re-examination s 89

Question 5

Define leading question

Answer 5

One that directly or indirectly suggests a particular answer to the question s 4

Question 6

Why are leading questions generally not permitted

Answer 6

Natural tendency for people to agree with suggestions put to them

Council can more easily elicit the answers they wish to receive reducing the genuineness of the testimony

A danger that leading questions will result in the manipulation or construction of the evidence

Question 7

When are leading questions allowed s 89

Answer 7

To direct the witness’s attention to the subject of identification

In respect of questions about surrounding circumstances in order to jog a witness’s memory

To assist council in eliciting the evidence in chief of young people or vulnerable Witnesses

Where the witness has been declared hostile

Question 8

How can a witness refresh their memory?

Answer 8

By reference to statements, briefs of evidence or a deposition statement

Question 9

Section 35

A previous consistent statement is not admissible unless

Answer 9

(2) (a) it responds to a challenge to the witness’s veracity or accuracy or a claim of Invention
(b) forms an integral part of the events before the court
(c) consists of the mere fact a complaint has been made in a criminal case

Question 10

Define hostile Witness

Answer 10

Exhibits a lack of veracity when giving evidence to the party who called the witness

Gives evidence that is inconsistent with a statement made by them

Refuses to answer questions or deliberately withholds evidence

Question 11

Questions that may be asked of a hostile Witness

Answer 11

Leading questions

Questions designed to probe the accuracy of memory and perception

Questions as to prior inconsistent statements

Other challenges to veracity

Question 12

What is the difference between a hostile and unfavourable Witness ?

Answer 12

At Witness that simply fails to come up to brief may be unfavourable ie suffers a memory loss

Question 13

What are the two purposes of cross-examination ?

Answer 13

To elicit information supporting the case of the party conducting the cross-examination

To challenge the accuracy of the testimony given in evidence in chief

Question 14

When is there a duty to cross-examine ?

Answer 14

The cross examination deals with significant matters

The matter is relevant

The matter contradicts the evidence of the witness

The witness may be expected to be in a position to give evidence on those matters

Question 15

Types of unacceptable questions

Answer 15

Improper

Unfair

Misleading

Needlessly repetitive

Expressed in a language too complicated for the witness to understand

Question 16

What is rebuttal evidence ?

Answer 16

Evidence called by either party after the completion of their own case to rebut something arising during the trial

Question 17

Section 122

The judge may give a warning that evidence may be unreliable in relation to

Answer 17

Hearsay evidence

Evidence of a statement by the defendant if it is the only evidence implicating the defendant

Evidence by a witness who may have motive to give false evidence

Evidence of a statement by the defendant to another person while detained or in custody

Evidence about the conduct of the defendant more than 10 years previously

Question 18

How to address a judge

Answer 18

Your honour or sir or ma’am