Evidence in Chief

Question 1

What is the purpose of evidence in chief?

Answer 1

To elicit testimony that supports the case of the party calling that witness

Question 2

Leading questions

Answer 2

A question that directly or indirectly suggests a particular answer to the question

Question 3

General rule regarding leading questions

Answer 3

Leading questions may not be asked during evidence in chief or re-examination

Question 4

Reasons for prohibition of leading questions in evidence in chief

Answer 4

(1) Natural tendency for people to agree
(2) Counsel can more easily elicit the answers they wish to receive from their own witness
(3) May result in manipulation or construction of evidence through collusion between counsel and witness

Question 5

Section 89(1), Evidence Act 1961
Leading questions in examination in chief and re-examination

Answer 5

Leading question must not be put to a witness in evidence in chief or reexamination unless

(a) the question relates to introductory or undisputed matters
(b) the question is put with the consent of all other parties,
(c) Judge allows the question (e.g. to direct witness attention to ID evidence, to jog a witnesses memory. hostile witness, to elicit evidence in very young persons or limited intelligence/English)

Question 6

Refreshing memory

Answer 6

In court = with the leave of the Judge, document shown to every party, document made at a time when memory was fresh

Outside court = may only refer to documents that relate to matters which are within the witnesses knowledge

Question 7

Section 35(2), Evidence Act 2006
Previous consistent statements

Answer 7

General rule = inadmissible (because jury may give evidence more weight than accorded)

(2) PCS is admissible if the statement -
(a) responds to a challenge to the witnesses veracity or accuracy, based on a previous inconsistent statement of the witness or on claim of invention
(b) forms an integral part of the events before the court
(c) consists of the mere fact that a complaint has been made in a criminal case

Question 8

Hostile witnesses

Answer 8

Leave may be sought from the Judge to declare a hostile witness and if granted, the witness may be asked questions in the manner of cross-examination to the extent that the Judge considers necessary for the purpose of doing justice

e.g. asking leading questions, asking questions designed to probe the accuracy of memory/perception, challenges to veracity

Question 9

What is a hostile witness

Answer 9

A witness who:
- Exhibits 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
- Gives evidence that is inconsistent with a statement made by that witness in a manner that exhibits an intention to be unhelpful to the party who called the witness
- Refuses to answer questions or deliberately withholds evidence