TASIn ForceAct
Evidence Act 2001
43Prior inconsistent statement of witness
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### 43 Prior inconsistent statement of witness
> > (1) A witness may be cross-examined about a prior inconsistent statement alleged to have been made by the witness whether or not –
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> > > > (a) complete particulars of the statement have been given to the witness; or
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> > > > (b) a document containing a record of the statement has been shown to the witness.
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> > (2) If, in cross-examination, a witness does not admit that he or she made a prior inconsistent statement, the cross-examiner is not to adduce evidence of the statement otherwise than from the witness unless, in the cross-examination, the cross-examiner –
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> > > > (a) informed the witness of enough of the circumstances of the making of the statement to enable the witness to identify the statement; and
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> > > > (b) drew the witness's attention to so much of the statement as is inconsistent with the witness's evidence.
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> > (3) For the purpose of adducing evidence of the statement, a party may re-open the party's case.