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NSW Can Witness or Defendant Change Their Statements?

Discussion in 'Other/General Law Forum' started by lindamerie, 23 November 2015.

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  1. lindamerie

    lindamerie Member

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    Can a witness or a defendant change their statements?
     
  2. Louise4007

    Louise4007 Well-Known Member

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    Hi lindamerie

    Yes .. the law provides for this in the Commonwealth Uniform Evidence Act, sections 43 & 44 (2) & (3). Changes to statements intended to be evidence may be subject to cross examination by the court which will be undertaken on a witnesses' prior inconsistent statement without a need to provide full particulars or a document.

    Limited cross examination may be undertaken on previous representations of another person also.

    Courts may declare a witness unfavourable under section 38 by leave of the court if a witness has at any time made an inconsistent statement.

    Hostile witness statements include those containing deliberate lies or those with holding material evidence & may also be inadmissable.

    In some circumstances though prior inconsistent statements are admissable & the legislation provides for this under Part 3 of the Uniform Evidence Act.

    For application of this information to a specific & particular set of circumstances, connect with a lawyer.

    Cheers
     

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