L28 - Intro To X-examination

Question 1

What are the purposes of cross-examination?

Answer 1

• To advance prosecution case - case theory.
• Test the evidence - without testing it will probably be accepted.
• Undermine the defence case - highlight inconsistencies and absurdities.

Question 2

What does Section 8 of the Bail Act 1977 refer to regarding the Bail Decision Maker?

Answer 2

Refers to the fact that the BDM:
- Is not bound by the rules of evidence;
- May make such enquires on oath/affirmation or otherwise of and concerning the accused as they consider desirable;
- May receive and take into account any evidence they consider credible or trustworthy.

Question 3

What does Section 8 mention regarding the Accused?

Answer 3

The accused also:
- Shall not be examined or cross examined by anyone as to the offence with which they are charged.

Question 4

What does Section 8 refer to regarding the Prosecution?

Answer 4

The prosecutor may on affidavit or otherwise -
- Prove the accused priors.
- Show the accused has been charged or is awaiting trial.
- Show the accused is a risk of committing family violence.
- Prove the accused has previously failed to appear on bail.
- Show the circumstances of the current offending.

Question 5

Where can you find rules regarding cross examination?

Answer 5

Division 5 of Part 2.1 - Evidence Act 2008.

Question 6

What is the definition of an improper question?

Answer 6

Section 41 Evidence Act 2008
1) the court must disallow an improper question or direct that it need not be answered;
3)
A) misleading or confusing;
B) unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive;
C) manner or tone that is belittling, insulting or otherwise inappropriate;
D) baseless stereotype - no forensic value.