1
Q
R v Kneebone
A
- P bears responsibility for deciding whether to call a W.
- J not obliged to to question R’s reasons.
- J can ask C to reconsider at close, but can not compell.
- J may comment on C’s failure to call a witness but see [Dyers]
- J should not call a witness but for exceptional circustances.
- J should not call W save for “eceptional circumstances”.
- C need to point to factors of “unreliability” - appropriate steps include interviewing witnesses.
2
Q
SH v R
A
- strict compliance with s 13(5)(c) required explaining 3 paragraphs.
- does not need to be verbatim, but should strictly convey the substance of s 13(5).
3
Q
Browne v Dunn
A
- the cross-examiner must put to each of the opponent’s witnesses so much of his own case as concerns that witness or on which that witness could give evidence.
- in short, if you intend to lead evidence that is contrary to what witness has said - you need to put it to them in cross-examination
Yevgeni
flashcards
Decks in class (7)
# Cards
