Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EVIDENCE ACT 1995 - SECT 43

Prior inconsistent statements of witnesses

  (1)   A witness may be cross - examined about a prior inconsistent statement alleged to have been made by the witness whether or not:

  (a)   complete particulars of the statement have been given to the witness; or

  (b)   a document containing a record of the statement has been shown to the witness.

  (2)   If, in cross - examination, a witness does not admit that he or she has made a prior inconsistent statement, the cross - examiner is not to adduce evidence of the statement otherwise than from the witness unless, in the cross - examination, the cross - examiner:

  (a)   informed the witness of enough of the circumstances of the making of the statement to enable the witness to identify the statement; and

  (b)   drew the witness's attention to so much of the statement as is inconsistent with the witness's evidence.

  (3)   For the purpose of adducing evidence of the statement, a party may re - open the party's case.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback