At the Chancellor's Lecture last week, former Court of Appeal judge Charles Stephen QC made reference to improper questioning in cross-examination. He made specific mention of Heydon J's comments in Libke v R (2007) 230 CLR 559. I read the case for the first time this week.The Evidence Act 1958 has allowed a broad discretion …
Tag: cross-examination
Calling a witness for cross-examination
Edit: Since this post went up, the case of DPP v Nair [2009] ACTCA 17 has affirmed that, under Commonwealth law, no motive or reason for a witness to give untruthful evidence needs to be shown before leave under s 38 may be granted. The new Evidence Act will bring lots of changes to the …