JSB171 Study Guide - Final Guide: Grievous Bodily Harm
Document Summary
Prior inconsistent statements in cross-examination structure of answer. As counsel is cross-examining the other party"s witness, no need to prove witness is adverse before any pis can be put to them in cross-examination. Here, [fact] is main fact in issue because goes to proving [element of action]. Here, [fact] is collateral not main fact in issue because it is about [credit]. Thus s 18 has no application & s 101 will apply such that pis is deemed to be the truth. Cross-examining counsel can still go ahead and prove pis was made but will only affect credit of witness (eg. bias). Possible responses by witness of a pis in cross-examination: (1) (2) (3) If admit that they made the pis but that it was not true: the pis is deemed to be the truth pursuant to s 18 and s 101.
