This is an extract of our Credibility Checklist document, which we sell as part of our Litigation 2 - Evidence Law Notes collection written by the top tier of University Of New South Wales students.
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Credibility notes THE CREDIBILITY RULE
1. Issue 1: Does the credibility rule apply to exclude it?
* Credibility rule excludes credibility evidence unless an exception applies: s 102 a. Credibility evidence is: i. Relevant only because it affects the assessment of the credibility of a witness: s 101A(a); or ii. Relevant for a credibility purpose and another purpose for which it is not admissible: s 101A(b). EXCEPTIONS
1. CE adduced in crossexamination: s 103
2. CE adduced in crossexamination against D: s 104 in addition to s 103
3. CE adduced at any time otherwise than from W to rebut a denial in cross
examination of W: s 106 (exception to the finality principle)
4. CE adduced to reestablish credibility in reexamination: s 108
5. CE adduced to reestablish credibility with a PCS of W: s 108(3) a. in examination in chief (s 108(3)(b)) or b. in reexamination (108(3)(a))
6. CE adduced about a person who wasn't a W who has made a previous rep admitted in the proceedings: s 108A
7. CE adduced about the D, who isn't a W, but made a previous rep that's been admitted: s 108B
8. CE adduced from an expert about credibility of W: s 108C
9. Character evidence? Ss 110, 111.
Part 3.7 - Credibility Division 1 - Credibility evidence 101A Credibility evidence Credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that: (a) is relevant only because it affects the assessment of the credibility of the witness or person, or (b) is relevant: (i) because it affects the assessment of the credibility of the witness or person, and (ii) for some other purpose for which it is not admissible, or cannot be used, because of a provision of Parts 3.2 to 3.6. 1 Sections 60 and 77 will not affect the application of paragraph (b), because they cannot apply to evidence that is yet to be admitted. 2 Section 101A was inserted as a response to the decision of the High Court of Australia in Adam v The Queen(2001) 207 CLR 96.
Division 2 - Credibility of witnesses 102 The credibility rule Credibility evidence about a witness is not admissible.
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