106Exception: rebutting denials by other evidence

106 Exception: rebutting denials by other evidence

[Section 106 Substituted by No. 46 of 2010, s. 30, Applied:01 Jan 2011]

(1)  The credibility rule does not apply to evidence that is relevant to a witness's credibility and that is adduced otherwise than from the witness if –

(a) in cross-examination of the witness –

(i) the substance of the evidence was put to the witness; and

(ii) the witness denied, or did not admit or agree to, the substance of the evidence; and

(b) the court gives leave to adduce the evidence.

(2)  Leave under subsection (1)(b) is not required if the evidence tends to prove that the witness –

(a) is biased or has a motive for being untruthful; or

(b) has been convicted of an offence, including an offence against the law of a foreign country; or

(c) has made a prior inconsistent statement; or

(d) is, or was, unable to be aware of matters to which his or her evidence relates; or

(e) has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.