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Evidence (National Uniform Legislation) Act 2011
108Exception – re-establishing credibility
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108 Exception – re-establishing credibility
(1) The credibility rule does not apply to evidence adduced in
re-examination of a witness.
The Commonwealth Act formerly included a subsection (2) referring to section 105 of
that Act. That subsection has been repealed.
(3) The credibility rule does not apply to evidence of a prior consistent
statement of a witness if:
(a) evidence of a prior inconsistent statement of the witness has
been admitted; or
(b) it is or will be suggested (either expressly or by implication)
that evidence given by the witness has been fabricated or
re-constructed (whether deliberately or otherwise) or is the
result of a suggestion;
and the court gives leave to adduce the evidence of the prior
consistent statement.