Victorian Consolidated Legislation

Evidence Act 1958 - SECT 37

Cross-examination as to credit

37. Cross-examination as to credit

If any question put to a witness upon cross-examination relates to a matter
not relevant to the suit or proceeding except in so far as it affects the
credit of the witness by injuring his character it shall be the duty of the
court to decide whether or not the witness shall be compelled to answer it,
and the court may if it thinks fit warn the witness that he is not obliged to
answer it. In exercising this discretion the court shall have regard to the
following considerations-

   (a)  such questions are proper if they are of such a nature that the truth
        of the imputation conveyed by them would seriously affect the opinion
        of the court as to the credibility of the witness on the matter to
        which he testifies;

   (b)  such questions are improper if the imputation which they convey
        relates to matters so remote in time or of such a character that the
        truth of the imputation would not affect or would affect in a slight
        degree only the opinion of the court as to the credibility of the
        witness on the matter to which he testifies;

   (c)  such questions are improper if there is a great disproportion between
        the importance of the imputation made against the witness' character
        and the importance of his evidence.