JSB171 Final: 3.3 Trial process--Re-examination
Document Summary
To clarify matters left in confusion as a result of the cross-exam. To repair the credit of any witnesses. If evidence can clarify or explain it is permitted even if otherwise inadmissible (eg self- serving statements to rebut allegation of recent invention: nominal defendants v clements) = evidence of the facts contained in it goes further than just credit: s101 qea. Generally this accusation would be inadmissible as only of bad character but r entitled nonetheless to repair credit of their witness) Here s was charged with some drug offences whereby it was alleged that he received some sort of prohibited drugs. The crown called a witness and he was examined in chief gave evidence that s did the offence, had received knowingly the dangerous drugs and paid money for them. Was then cross-exam defence counsel had a pis by the witness in which he had virtually exculpated the accused.
