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Examination Of Witnesses Notes

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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

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