University of Technology SydneyLAW 70109 Week 8 (Tutorial 7) – Credibility evidence: exclusionary rule and exceptions Questions: What type of information might be relevant to the credibility of a witness? What type of information cannot be used, and in what circumstances? What qualities in a person might make them vulnerable to an attack on their credibility as a witness? Do you understand why the Evidence Act was amended to address the implications of Adam’s case? What does section 101A now attempt to clarify and achieve? In Max’s trial Harry the bar tender is called to give evidence

Law May 03, 2021

University of Technology Sydney LAW 70109

Week 8 (Tutorial 7) – Credibility evidence: exclusionary rule and exceptions

Questions:

What type of information might be relevant to the credibility of a witness? What type of information cannot be used, and in what circumstances? What qualities in a person might make them vulnerable to an attack on their credibility as a witness?
Do you understand why the Evidence Act was amended to address the implications of Adam’s case? What does section 101A now attempt to clarify and achieve?
In Max’s trial Harry the bar tender is called to give evidence. Harry has been declared an unfavourable witness as he is giving evidence that is inconsistent with his police statement. How, if at all, can the prosecution use the police statement for its credibility use? Why would the prosecution want to do this?
1. Whilst being questioned by the Prosecution, a number of allegations are put to Harry – each of which he denies. The Prosecution have evidence from another witness which proves the truth of the allegations. Can the Prosecution adduce the evidence of the other witness in order to attack Harry’s credibility as a witness? If so, how?

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