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

What is the general rule for leading questions (Section 89)?

Answer 2

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

Question 3

Definition of a leading question:

Answer 3

One that directly or indirectly suggests a particular answer to the question.

Question 4

The prohibition on leading questions is based on the belief that it will produce unreliable evidence for the following reasons:

Answer 4

• There is a natural tendency for people to agree with suggestions put to them by saying “yes”
• Counsel asking leading questions of their witnesses can elicit the answers they wish to receive.
• Leading questions may result in manipulation

Question 5

What is the exception to asking leading questions in examination in chief and re-examination?

Answer 5

• The question relates to introductory or undisputed matters
• The question is put with the consent of all other parties
• The Judge allows the question

Question 6

It is likely that leading questions may be allowed under Section 89(1)(c) in what circumstances?

Answer 6

• To direct the witness’s attention to the subject of identification evidence
• To jog a witness’s memory
• To assist eliciting evidence from very young people, people with limited English or intelligence
• When the witness has been declared hostile

Question 7

Explain Section 90(5) refreshing memory in court:

Answer 7

For the purposes of refreshing their memory while giving evidence, a witness may, with leave from Judge, consult a document made at a time when their memory was fresh

Question 8

What conditions must be satisfied if a witness wishes to consult a document while giving evidence?

Answer 8

• The leave of the judge must be obtained
• The document must be shown to every other party in the proceeding
• The document must have been made by a witness at a time when their memory was fresh

Question 9

What is the requirement for the witness refreshing their memory out of court?

Answer 9

The document they use may be made by them or someone else, the requirement is simply that the document relates to matters which are within the witness’s own knowledge

Question 10

Are previous consistent statements generally admissible and why?

Answer 10

No, this is because while mere repetition of an allegation does not increase its truthfulness, the fact that it is repeated and heard on several occasions will give it greater impact

Question 11

When is a previous consistent statement admissible?

Answer 11

If the statement -

• responds to a challenge of the witness’s veracity or accuracy, based on previous inconsistent statement
• forms an integral part of events
• consists of the mere fact that a complaint has been made

Question 12

If a witness is declared a “hostile witness”, the witness may be asked questions in the manner of cross examination. This may include what?

Answer 12

• Asking leading questions
• Asking questions designed to probe the accuracy of memory and perception
• Asking questions as to prior inconsistent statements
• Other challenges to veracity

Question 13

A hostile witness means the witness…

Answer 13

• Exhibits a lack of veracity when giving evidence unfavourable to the party who called the witness
• Gives evidence that is inconsistent with a statement made by that witness
• Refuses to answer questions or deliberately withholds evidence