70109 Study Guide - Final Guide: Prior Consistent Statements And Prior Inconsistent Statements

79 views7 pages
19 Aug 2018
School
Department
Course

Document Summary

It is important to note; all evidence relating to the credibility and compellability of the witness is relevant for the purposes of the evidence s 55(2)(a) : Evidence is not taken to be irrelevant only because it related to the credibility of a witness". Process -> s 55(2) relevance / s 101 sets out what"s caught / 102 is the rule / 103 is exception / Firstly, do i have credibility evidence under s. Credibility is a use of evidence not a type of evidence. Credibility evidence about a witness is not admissible. Credibility imports notions of truthfulness & reliability (dupas v the queen) 1 sections 60 and 77 will not affect the application of paragraph (b), because they cannot apply to evidence that is yet to be admitted. 2 section 101a was inserted as a response to the decision of the high court of australia in. Adam v the queen (2001) 207 clr 96.