From Criminal Law Notebook
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)
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- 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
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