Western Australian Current Acts

EVIDENCE ACT 1906 - SECT 25

25 .         Cross-examination as to credit

        (1)         If any question put to a witness upon cross-examination relates to a matter not relevant to the proceeding, except in so far as it affects the credit of the witness by injuring his character, it shall be the duty of the court to decide whether or not the witness shall be compelled to answer it, and the court may, if it thinks fit, inform the witness that he is not obliged to answer it.

        (2)         In exercising this discretion, the court shall have regard to the following considerations —

            (a)         such questions are proper if they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the court as to the credibility of the witness on the matter to which he testifies;

            (b)         such questions are improper if the imputation they convey relates to matters so remote in time, or of such character, that the truth of the imputation would not affect, or would affect in a slight degree only, the opinion of the court as to the credibility of the witness on the matter to which he testifies;

            (c)         such questions are improper if there is a great disproportion between the importance of the imputation made against the witness’s character and the importance of his evidence.

        (3)         Nothing herein shall be deemed to make any witness compellable to give evidence upon any matter he is now by law privileged from disclosing.