From Criminal Law Notebook
|
|
Line 29: |
Line 29: |
| | | | | |
| ; Defence evidence | | ; Defence evidence |
| * {{Box}} Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn) | | * {{Box}} Eliciting evidence contradicting Crown evidence without first confronting the Crown witness ([[Cross-Examinations#Confrontation_Rule_.28The_Browne_v_Dunn_Rule.29|Rule in Browne v Dunn]]) |
|
| |
|
| ; Prior Sexual History (assuming enumerated sexual offence) | | ; Prior Sexual History (assuming enumerated sexual offence) |
Revision as of 10:19, 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 (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
|