Should a jury attach less weight to an answer to a leading question?
Yes (in comparison to a non-leading question): Moor v Moor
1 of 16
Which provision is relevant to the use of documents to refresh memory?
s.139 CJA 2003
2 of 16
Does a need to use this provision to refresh memory mean the witness is less reliable?
No (someone can look a things outside courtroom)
3 of 16
If statement doesn't refresh W's memory, should statement be admitted into evidence under s.120?
No: Chinn
4 of 16
Which provision provides the meaning of 'adverse'?
s.3 CPA 1865
5 of 16
How did Eccles distinguish between an unfavourable witness and a hostile witness?
Unfavourable = someone who doesn't turn up to court with evidence party expects her to have, hostile = someone who tries to mislead court or scupper case of 1 is
6 of 16
Where are the consequences of a hostile witness stated?
s.119 CJA 2003
7 of 16
What is the purpose of cross-examination?
To test reliability and credibility of other party's witnesses
8 of 16
What is the main point to be achieved where cross-examination proves impossible?
Ensure D has an adequate chance to meet evidence presented against him (PM)
9 of 16
Which case stated that it can be appropriate to stop cross-examination mid-way?
B (Ejaz) - as trial judge has a duty to manage case efficiently, effectively + justly
10 of 16
In respect of trial judge asking witness questions, what does Jones v National Coal Board distinguish between?
Clarifying evidence (permissible) + impermissible questioning (which prevents parties from putting their cases)
11 of 16
What is the basic rule on collateral finality?
A party cannot call evidence to contradict a witness' answers on "collateral" matters
12 of 16
Why is there this rule on collateral finality?
To prevent jury from getting distracted by irrelevant matters
13 of 16
What did Funderbunk say was one instance where this "rule" can be disapplied
Where this is necessary to secure justice
14 of 16
Give an example of where evidence was admitted because it was held not to be a collateral matter?
Busby (where there was evidence as to possibility of threats/fabrication of a D witness)
15 of 16
Can evidence be adduced as to W's reputation for untruthfulness or a medical condition affecting W's reliability?
Yes (e.g. Toohey for the latter point)
16 of 16
Other cards in this set
Card 2
Front
Which provision is relevant to the use of documents to refresh memory?
Back
s.139 CJA 2003
Card 3
Front
Does a need to use this provision to refresh memory mean the witness is less reliable?
Back
Card 4
Front
If statement doesn't refresh W's memory, should statement be admitted into evidence under s.120?
Back
Card 5
Front
Which provision provides the meaning of 'adverse'?
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