Objections Cheatsheet: Difference between revisions

From Criminal Law Notebook
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** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
** {{Box}} Eliciting Privileged information (see [[Solicitor-Client Privilege]]; [[Informer Privilege]]; [[Litigation Privilege]])
* {{Box}} Leading Question (on ''examination-in-chief'' only)
* {{Box}} Leading Question (on ''examination-in-chief'' only)
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; Defence evidence
* {{Box}} Eliciting evidence contradicting Crown evidence without first confronting the Crown witness (Rule in Browne v Dunn)


==On Sexual Assault Cases==
; Prior Sexual History
; Prior Sexual History
* {{Box}} Sexual contact with anyone, except contact at issue in trial
* {{Box}} Sexual contact with anyone, except contact at issue in trial
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* Failure of the complainant to report the assault in a timely manner
* Failure of the complainant to report the assault in a timely manner


 
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==On Calling Counter-Evidence==
* Failure to confront opposing witness with counter-story (Rule in Browne v Dunn)

Revision as of 10:27, 15 February 2019

Generally

See also: Examinations-in-Chief and Cross-Examinations
  • 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