(Australia) Dixon CJ said of the rules regarding the significance of previous inconsistent statements: ‘in as much as the rule forms a definite exception to the general principle excluding statements made out of court and admits a possibly self-serving statement made by the witness, great care is called for in applying it. The judge at the trial must determine for himself upon the conduct of the trial before him whether a case for applying the rule of evidence has arisen and, from the nature of the matter, if there be an appeal, great weight should be given to his opinion by the appellate court. It is evident however that the judge at the trial must exercise care in assuring himself not only that the account given by the witness in his testimony is attacked on the ground of recent invention or reconstruction or that a foundation for such an attack has been laid by the party, but also that the contents of the statement are in fact to the like effect as his account given in his evidence and that having regard to the time and circumstances in which it was made it rationally tends to answer the attack. It is obvious that it may not be easy sometimes to be sure that counsel is laying a foundation for impugning the witness’s account of a material incident or fact as a recently invented, devised or reconstructed story. Counsel himself may proceed with a subtlety which is the outcome of caution in pursuing what may prove a dangerous course.’
Judges:
Dixon CJ
Citations:
(1961) 104 CLR 476
Jurisdiction:
Australia
Cited by:
Cited – Regina v Oyesiku CACD 1971
The court considered the admissibility of evidence of consistent statements in order to rebut an allegation of recent fabrication. There may be a residual discretion with the judge to permit re-examination to show consistency when there is . .
Cited – Regina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
Approved – Regina v Oyesiku CACD 1971
The court considered the admissibility of evidence of consistent statements in order to rebut an allegation of recent fabrication. There may be a residual discretion with the judge to permit re-examination to show consistency when there is . .
Cited – Athwal and Others, Regina v CACD 7-May-2009
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 06 December 2022; Ref: scu.187965
