Evidence - CIB009 - Part 3

Question 1

Refreshing memory in Court. If a witness wishes to consult a document while they give evidence the following conditions designed to ensure so far a possible the accuracy of the document must be satisfied. What are 3 of those?

Answer 1

• Leave from judge given
• Document must be shown to every party in the proceeding
• document was made or adopted by the witness when memory was fresh

Question 2

If a witness displays active hostile towards the party that has called them. Leave maybe sort to declare that witness as hostile allowing them to be asked questions in examination in chef which the Judge considers necessary for the purpose of doing justice. These questions may include what 4 matters?

Answer 2

• Leading questions
• probe accuracy of memory and perception
• about prior inconsistent statements
• Challenge the veracity including evidence from other witness provided it it substantially helpful in assessing the veracity of the witness

Question 3

What are the 2 purposes of cross-examination?

Answer 3

• Elicit testimony that supports the case of party conducting the cross examination
• To challenge the accuracy of testimony by casting doubt on the witness veracity.

Question 4

Section 85 covers unacceptable questions. In any proceeding the judge may disallow or direct that a witness is not obliged to answer any questions that the judge considers what?

Answer 4

• Unfair, improper, misleading, repetitive or

- expressed in a language too complicated for the witness to understand

Question 5

Without limiting the matters the Judge may take into account under S85 relating to questions witnesses are not obliged to answer. The judge also have regard to what?

Answer 5

• Age and maturity of the witness
• physical, intellectual, psychological impairment of the witness
• cultural or regions beliefs
• Nature of the proceeding.

Question 6

In criminal proceeding tried with a jury the Judge must consider whether to give a warning under S122(1) when the following evidence is given about the defendant or from the defendant. Explain those under S122(2)

Answer 6

• Hearsay evidence
• Evidence by the defendant that is only implicating that defendant
• Evidence about the defendant that occurred more than 10 years prior.

Question 7

If the OC case wishes to refer to notebook what do you need to do?

Answer 7

• Ask Courts permission
• Introduce the material
• Seal off other entries
• Can only refresh your memory cannot read entries unless permission given

Question 8

Can a person claim privilege against self crimination on behalf of another?

Answer 8

• No except where a legal adviser

- asserts the privilege on behalf of their client

Question 9

Can the defendant asserts privilege when giving evidence?

Answer 9

• cannot assert privilege when giving evidence for the matter they are being tried
• can be asserted if poses a risk of conviction for a different offence