From Criminal Law Notebook
|
|
Line 1: |
Line 1: |
| {{HeaderForms}} | | {{HeaderForms}} |
| ==Generally== | | ==Checklist== |
| {{seealso|Examinations-in-Chief|Cross-Examinations}} | | {{seealso|Examinations-in-Chief|Cross-Examinations}} |
|
| |
|
Revision as of 10:29, 15 February 2019
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)
- ☐ No foundation/Assumes facts not proven
- ☐ 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
- ☐ Eliciting evidence unconnected to incident at issue
- ☐ Evidence that generally is prohibited by Rules of Evidence
- ☐ Leading Question (on examination-in-chief only)
|
- Defence evidence
- ☐ Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn)
- Prior Sexual History
- ☐ Sexual contact with anyone, except contact at issue in trial
- 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
|