LAW4323 Study Guide - Final Guide: Intellectual Disability, Hearsay
Document Summary
While giving ev - generally: court must give leave (s 32(1)) Prior to giving ev: may do so provided they do not refer to the doc while giving ev (da silva) No leading the witness (s 37: = questions that suggest or imply the answer. It is generally impermissible to adduce a statement that merely confirms a w"s evidence- in-chief (corke v cook and cook) 3. 1 if it applies: counsel will adduce the pcs in re-exam, to re-establish any credibility lost in x-e, court must give leave (s 192) If court gives leave, it has a non-hearsay purpose (re-establishing credit), so it is admissible for a hearsay purpose (s 60) Leave not required for the p if: (s 104(3): exposing w"s bias/motive to lie; showing w is/was unable to be aware of or recall a matter; or asking about a pis.
