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This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

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» » 108. Exception - re-establishing credibility
2009-07-10

108. Exception - re-establishing credibility

108. Exception - re-establishing credibility

(1) The credibility rule does not apply to evidence adduced in re- xamination of a witness.

(2) * * * * *

Note

The Commonwealth Act includes a subsection referring to section 105 of that Act.

(3) The credibility rule does not apply to evidence of a prior consistent statement of a witness if-

(a) evidence of a prior inconsistent statement of the witness has been admitted; or

(b) it is or will be suggested (either expressly or by implication) that evidence given by the witness has been fabricated or re-constructed (whether deliberately or otherwise) or is the result of a suggestion-

and the court gives leave to adduce the evidence of the prior consistent statement.

Posted by Dr Manhattan at 9:45 PM
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