Witnesses

Question 1

Who is generally considered competent?

Answer 1

Anyone is competent

Question 2

Who is not competent to be a prosecution witness?

Answer 2

• D is not competent to be a prosecution witness
• Co-D can also not be a prosecution witness for another D

Question 3

What does competence refer to?

Answer 3

Competence depends on understanding questions and providing comprehensible answers.

Age and disability are not relevant.

Question 4

Can most individuals be compelled to give evidence?

Answer 4

Yes, most can be compelled, but some cannot

D cannot be compelled.

Question 5

Who cannot be compelled to give evidence?

Answer 5

The defendant

Question 6

Under what circumstances can spouses be compelled to give evidence for the prosecution?

Answer 6

If the crime is domestic violence, child violence, or child sexual violence

Otherwise, they are not compellable for the P.

Question 7

Can spouses be compelled by the defence?

Answer 7

Yes.

Question 8

What is the general rule regarding opinion evidence.

Answer 8

It is inadmissiable.

Question 9

When can opinion evidence be admitted?

Answer 9

If the opinion is a commonplace occurense where W’s perception is relevant - e.g X was drunkg, it is X’s handwriting

Question 10

Who must establish an expert’s sufficient expertise?

Answer 10

The party seeking to rely on the expert evidence

Question 11

What should be encouraged among multiple experts in a case?

Answer 11

They should meet and discuss before

Question 12

Can experts be asked to give an opinion directly on the final issue?

Answer 12

No

Question 13

Is the jury obliged to accept expert evidence?

Answer 13

No

Question 14

What is the privilege against self-incrimination

Answer 14

Witness can refuse to answer questions if to do so would make the person liable to incriminate themselves

This cannot be invoked to protect another.

Question 15

What is legal professional privilege?

Answer 15

All direct communication between lawyer and client is privileged.

Question 16

When can third-party communication attract privilege?

Answer 16

If generated during or in contemplation of litigation

Question 17

Can legal professional privilege be waived?

Answer 17

Yes

Question 18

What must all witnesses do before giving evidence?

Answer 18

All must take an oath

Question 19

What form of questioning does Examination in Chief take?

Answer 19

Non-leading

Question 20

What is memory refreshing in Examination in Chief?

Answer 20

Witnesses can ask to refresh their memory from their witness statement

Question 21

Can leading questions be asked after memory refreshing?

Answer 21

Yes, leading questions can be asked on these.

Question 22

What defines a hostile witness?

Answer 22

A witness who gives an account inconsistent with their original statement.

Question 23

What can be done if a witness is hostile?

Answer 23

An application can be made to the judge to treat them as hostile.

Question 24

What can be put to a hostile witness?

Answer 24

Previous inconsistent statements can be put to them, even if they would have been inadmissible hearsay before.

Question 25

What is the general rule regarding previous consistent statements?

Answer 25

Generally, it is not admissible to elicit evidence of earlier consistent allegations or statements.

Question 26

What are the exceptions to the rule on previous consistent statements?

Answer 26

1. Res Gestae: Immediate reactions of a victim are admissible. 2. Statements made by suspects on accusation by the police. 3. Complaints: Quicker complaints are more likely to be reliable. 4. To rebut an accusation that the witness has recently made up.

Question 27

What type of questioning is used in Cross Examination?

Answer 27

Leading questions

Question 28

What happens if a witness's account is not challenged?

Answer 28

It is deemed to have been tacitly accepted.

Question 29

Should witnesses be encouraged to give opinions during Cross Examination?

Answer 29

No, witnesses should not be encouraged to give opinions.

Question 30

What can be put to a witness during Cross Examination?

Answer 30

Previous inconsistent statements can be put to the witness.

Question 31

What are the restrictions during Cross Examination?

Answer 31

Upsetting a witness should not be done gratuitously.

Question 32

What does it mean if the court determines finality on collateral matters?

Answer 32

If there is an irrelevant fact, the W's answer will be deemed final, and you cannot adduce evidnece on this issue.

Question 33

What is Re-examination?

Answer 33

If matters are raised in Cross Examination that could not have been reasonably covered in Examination in Chief, the witness may be examined in chief on those matters with the same rules (non-leading questions)