Veracity

Question 1

Veracity

Answer 1

A disposition to refrain from lying

Question 2

Section 37(1), Evidence Act 2006
(Veracity Rules)

Answer 2

A party may not offer evidence about a persons veracity unless the evidence is substantially helpful in assessing that persons veracity

Question 3

Section 37(3), Evidence Act 2006
(Veracity Rules - Judge Considerations- Substantially Helpful)

Answer 3

In deciding whether evidence is substantially helpful (subsection one), the Judge may consider whether the evidence shows:

(a) lack of veracity where there is a legal obligation to tell the truth
(b) that the person has been convicted of an offence that indicates a propensity for dishonesty or lack of veracity
(c) any previous inconsistent statements made
(d) bias
(e) a motive to be untruthful

Question 4

Section 37(4), Evidence Act 2006
(Veracity Rules - Calling Witnesses)

Answer 4

A party who calls a witness
(a) may not offer evidence to challenge that witnesses veracity unless the Judge determines the witness to be hostile (relates to their own witness)
(b) may offer evidence as to the facts in issue contrary to the evidence of that witness

Question 5

Section 38(1), Evidence Act 2006
(Evidence of Defendant’s Veracity)

Answer 5

A defendant in a criminal proceeding may offer evidence about his or her veracity (about himself/herself)

Question 6

Section 38(2), Evidence Act 2006
(Evidence of Defendant’s Veracity - Prosecution)

Answer 6

The prosecution may offer evidence about a defendant’s veracity only if -

(a) the defendant has offered oral evidence about his/her veracity OR has challenged the veracity of a prosecution witness by reference other than the facts in issue, AND

(b) the Judge permits the prosecution to do so

Question 7

Section 38(3), Evidence Act 2006
(Evidence of a Defendant’s Veracity - Judge’s Permission)

Answer 7

In determining whether to give permission (section 38(2)), Judge may take into account -

(a) the extent to which veracity has been put in issue in the defendant’s evidence
(b) the time elapsed since any conviction about which the prosecution seeks to give evidence
(c) whether any evidence given by the defendant about veracity was elicited by the prosecution

Question 8

Prosecution: Offering evidence about defendant’s veracity (circumstances)

Answer 8

(1) Prosecution evidence must be relevant - permission only granted if the defendant’s veracity is in issue
(2) Defendant has offered evidence about his/her veracity OR has challenged the veracity of a prosecution witness by reference to matters other than facts in issue
(3) Must meet the substantial helpfulness test
(4) Must get permission from Judge to offer evidence