The Course Of Evidence I

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 to address a judge

Answer 8

Your honour or sir or ma’am

Question 9

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

Answer 9

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

Question 10

When a warning must be given, it should include direction that

Answer 10

1. The jury needs to be satisfied that the defendant did lie before they use the evidence,
2. People lie for various reasons, and
3. The jury should not necessarily conclude that just because the defendant lied he or she is guilty of the offence charged.