Objections Cheatsheet: Difference between revisions

From Criminal Law Notebook
 
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; Prior Sexual History (assuming enumerated sexual offence)
; Prior Sexual History (assuming enumerated sexual offence)
* {{Box}} Sexual contact with anyone, except contact at issue in trial (see [[Prior Sexual History]])
* {{Box}} Sexual contact with anyone, except contact at issue in trial (see [[Complainant's Sexual Activity Evidence]])
* {{Box}} Eliciting any information that is contained in private records, including medical, personal diaries, etc. (see [[Production of Records for Sexual Offences]])
* {{Box}} Eliciting any information that is contained in private records, including medical, personal diaries, etc. (see [[Production of Records for Sexual Offences]])



Latest revision as of 02:57, 6 January 2022

Checklist

See also: Examinations-in-Chief and Cross-Examinations
General Irrelevance (see Relevance)
  • Eliciting evidence supporting a Motion not before the Court
  • Contradicting Collateral Facts (see Collateral Fact Rule)
Premature Evidence
  • No foundation/Assumes facts not proven
  • Eliciting evidence supporting a Motion not before the Court
Improperly Phrased Questions
  • Compound Question
  • Vague/Misleading question
  • Misquoting prior evidence/statement
Uncivil Questions
  • Asked and answered
  • Badgering, harassing witness
  • arguing with witness
  • Monologuing/Editorizating
Evidence unconnected to incident at issue
Evidence that generally is prohibited by Rules of Evidence
Evidence-in-Chief
Defence evidence
  • Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn)
Prior Sexual History (assuming enumerated sexual offence)
Sexual Assault Myths
  • Failure of the complainant to "fight back"
  • Failure of the complainant to "scream" or "call for help"
  • Failure of the complainant to report the assault in a timely manner