JSB171 Lecture Notes - Lecture 1: Best Evidence Rule
Document Summary
To obtain testimony in support of the version of the facts in issue which the party calling the witness contends. Leading questions can & should be asked: mcclure v mitchell. On counsel not to pursue irrelevant/fruitless lines of cross examination: wakeley & On judge not to restrict unduly the latitude of defence counsel s argument: wakeley & Bartling (possession of heroin defence in cross-exam sought to establish that one of other officers at raid died of heroin shortly afterwards denied by tj as only to credit of police. Duty on counsel to confine cross exam | duty on judge not to unduly restrict) Leading questions are questions which mooney v james. Assume the existence of a fact in dispute. Counsel may not ask leading questions to their own witnesses (examination in chief | re- examination) Matter not in dispute (eg where and when the accident occurred)
