It is the duty of the trial judge to prevent cross examination about a subject which can only go to the credit of a witness if the truth of the matter suggested would not, in his opinion, affect the credibility of the witness concerned. Lawton J said that the test to be applied was whether or not the matter which it was sought to put to the witness would affect his likely standing with the tribunal of fact: ‘What, then, is the principle upon which the judge should draw the line? It seems to me that it is this. Since the purpose of cross-examination as to credit is to show that the witness ought not to be believed on oath, the matters about which he is questioned must relate to his likely standing after cross-examination with the tribunal which is trying him or listening to his evidence.’ and ‘the conduct or character of a witness cannot, in my view, be used to attack his credit unless that conduct or character is of such a nature as to tend logically and rationally to weaken confidence in his veracity or in his trustworthiness as a witness of truth.’
Judges:
Lawton LJ
Citations:
[1971] 55 Cr App R 316
Cited by:
Cited – GAI v Regina CACD 5-Oct-2012
The defendant’s appeal based on the absence of a good character direction had succeeded. The court now gave its reasons.
Held: After reviewing the authorities, the appeal succeeded: ‘the learned judge was wrong to find that the fact that . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 May 2022; Ref: scu.523878