Examination Of Witnesses Notes
This is a sample of our (approximately) 5 page long Examination Of Witnesses notes, which we sell as part of the Evidence Law Notes collection, a D package written at Monash University in 2014 that contains (approximately) 86 pages of notes across 12 different documents.
The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.
Examination Of Witnesses Revision
The following is a plain text extract of the PDF sample above, taken from our Evidence Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Examination of witnesses Examination in chief Identify that a witness is being examined after being called by a party. If relevant, apply the following rules:
1. No leading questions a. A leading question assumes the existence of a disputed fact.
Examples: "Look, you're stumped aren't you?
b. 37(1) A leading question must not be put to a witness in examination in chief
or in re-examination unless (a) The court gives leave; or (b)The question relates to introductory evidence; or (c) No objection is made to the question (and each party is represented) (d)The question refers to a matter not in dispute (e) If the witness has specialised knowledge based on training, study or experience, and the question is asked for the purpose of obtaining the witnesses' opinion about a hypothetical statement of facts
2. Reviving memory a. While giving evidence
Section 32(1): A witness must not while giving evidence use a document to revive memory unless the court gives leave
32(2) In determining leave, without limitation, the court must take into account: (a) Whether the witness will be able to recall the fact or opinion adequately without using the document (question of necessity); and (b)Whether so much of the document the witness proposes is a document that: (i) Was written when the events were fresh in his or her memory, or
Police statement might/might not be fresh, depends on crime (ii) Was, at such a time, found by the witness to be accurate Van Beilan
Checked or verified by the person
When courts give leave, must also take into account 192, 135, 137 (see below)
32(3)The witness can read aloud from the document.
32(4) The court may give directions for the document to be produced to other parties
so that the other party is aware and can cross-examine them on it
Evidence given by police officers R v Da Silva
S 33(1) Despite s 32, in any criminal proceeding a police officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by that officer
33(2) Evidence may not be given unless: (a) the statement was made by the police officer at the time of or soon after the occurrence of the events to which it refers; and (stricter time period) (b)the police officer signed the statement when it was made; and (c) a copy of the statement had been given to the person charged or to the person's Australian legal practitioner or legal
****************************End Of Sample*****************************
Buy the full version of these notes or essay plans and more in our Evidence Law Notes.