Northern Territory Numbered Acts

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EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 33 OF 2011) - SECT 106

Exception – rebutting denials by other evidence

    (1)     The credibility rule does not apply to evidence that is relevant to a witness's credibility and that is adduced otherwise than from the witness if:

    (a)     in cross-examination of the witness:

        (i)     the substance of the evidence was put to the witness; and

        (ii)     the witness denied, or did not admit or agree to, the substance of the evidence; and

    (b)     the court gives leave to adduce the evidence.

    (2)     Leave under subsection (1)(b) is not required if the evidence tends to prove that the witness:

    (a)     is biased or has a motive for being untruthful; or

    (b)     has been convicted of an offence, including an offence against the law of a foreign country; or

    (c)     has made a prior inconsistent statement; or

    (d)     is, or was, unable to be aware of matters to which his or her evidence relates; or

    (e)     has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.



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