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Final

3.3 Trial process--Re-examination

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Department
Law
Course
JSB171
Professor
All Professors
Semester
Spring

Description
Re-Examination Restrictions  Cannot ask leading questions  Restricted to matters raised in cross-exam Fundamental objective  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  This evidence is admissible even if damaging to the other side: Singleton (drug offences—R witness gave evidence that S bought drugs—XE revealed PIS | admitted he made but denied it was true | admitted through s18—RE: explained that PIS made because S forced him to, scared because he had a history of bashing/shooting people  generally this accusation would be inadmissible as only of bad character—BUT R entitled nonetheless to repair credit of their witness) Andrew Trotter LWB432 Evidence Cases Singleton  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  This was gotten into evidence by s18 which was enlivened by the witness admitting
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