JSB171 Study Guide - Final Guide: Prior Consistent Statements And Prior Inconsistent Statements, Affidavit, Bmw M54
Document Summary
Finality of answers to collateral issues structure of answer. Here, [counsel] intends to call further evidence about [facts] which were matters raised in [witness]"s cross-examination. Finality rule: answers to collateral issues in cross-examination are final, thus cannot contradict by calling further evidence about [fact] unless an exception applies: piddington v bennett and wood. The finality rule does not apply and further evidence can be called. [evidence/answer] is a collateral issue as relates to the credibility of a witness, the admissibility of evidence and judicial discretion. They are not raised in examination in chief because they are not relevant to the main facts in issue. (finality rule applies goto exceptions to finality rule) If witness called who claimed to be in area when saw/heard accident/incident in question. If the court is deciding whether the court believes his/her story about whether they were in that place. This is a collateral issue as it goes to credit: majority in piddington.
