5. The Course of Evidence - Leading questions are permitted in cross-examination

Question 1

What are the conditions that must be satisfied to consult a document while giving evidence?

Answer 1

1. The leave of the judge must be obtained.
2. The document must be shown tevery party in the proceeding.
3. S90(5) requires the docuemtn to have been made or adopted by a witness at a time when his or her memory was fresh.

Question 2

What are the three exceptions to the general prohibition on previous consistent statements in s35(2)?

Answer 2

A previous consistent statement will only be admissible to the extent that the statement;
1. Is necessary to respond to a challenge to the witnesses accuracy or veracity.
2. Integral to the matters before the court
3. The fact a complaint was made

Question 3

What kind of questions can you ask a witness who has been declared hostile?

Answer 3

1. asking leading questions
2. asking questions designed to probe the accuracy of memory and perception
3. asking questions as to prior inconsistent statements, and
4. other challenges to veracity, including evidence from other witnesses

Question 4

What is meant by the term hostile witness?

Answer 4

It means the witness;
1. exhibits, or appears to exhibit, a lack of veracity when giving evidence unfavourable to the party who called the witness on a matter about which the witness may reasonably be supposed to have knowledge; or
2. gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits, or appears to exhibit, an intention to be unhelpful to the party who called the witness; or
3. refuses to answer questions or deliberately withholds evidence.