The Course Of Evidence II

Question 1

How can a witness refresh their memory?

Answer 1

By reference to statements, briefs of evidence or a deposition statement on the basis statements may have been made months before.

Question 2

Section 35

A previous consistent statement is not admissible unless with 35(2) which is:

Answer 2

(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 3

Define hostile Witness

Answer 3

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 4

Questions that may be asked of a hostile Witness

Answer 4

1. Leading questions
2. Questions designed to probe the accuracy of memory and perception
3. Questions as to prior inconsistent statements
4. Other challenges to veracity

Question 5

What is the difference between a hostile and unfavourable Witness ?

Answer 5

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

Question 6

What are the two purposes of cross-examination ?

Answer 6

1. To elicit information supporting the case of the party conducting the cross-examination
2. To challenge the accuracy of the testimony given in evidence in chief

Question 7

When is there a duty to cross-examine ?

Answer 7

1. The cross examination deals with significant matters
2. The matter is relevant
3. The matter contradicts the evidence of the witness
4. The witness may be expected to be in a position to give evidence on those matters

Question 8

Types of unacceptable questions

Answer 8

Improper

Unfair

Misleading

Needlessly repetitive

Expressed in a language too complicated for the witness to understand

Question 9

What is rebuttal evidence ?

Answer 9

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

Question 10

Section 122

The judge may give a warning that evidence may be unreliable in relation to - Sec 122(2)

Answer 10

2(a) Hearsay evidence

(b) Evidence of a statement by the defendant if it is the only evidence implicating the defendant
(c) Evidence by a witness who may have motive to give false evidence
(d) Evidence of a statement by the defendant to another person while detained or in custody
(e) Evidence about the conduct of the defendant more than 10 years previously

Question 11

Referring to your notebook, if you need to refer to your notebook -

Answer 11

1. Ask the court’s permission.
2. Introduce the material properly – eg, by saying, “I interviewed the defendant and wrote the answers in my notebook at the time”.
3. Remember that the defence and the jury are entitled to view your notes, so seal off other entries.
4. Remember that you are only allowed to refresh your memory – you cannot read the whole entry unless you have permission to read the notes of the interview.