Victorian Consolidated Legislation

Evidence Act 2008 - SECT 43

Prior inconsistent statements of witnesses

43. Prior inconsistent statements of witnesses



(1) A witness may be cross-examined about a prior inconsistent statement
alleged to have been made by the witness whether or not-

   (a)  complete particulars of the statement have been given to the witness;
        or

   (b)  a document containing a record of the statement has been shown to the
        witness.

(2) If, in cross-examination, a witness does not admit that he or she has 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-

   (a)  informed the witness of enough of the circumstances of the making of
        the statement to enable the witness to identify the statement; and

   (b)  drew the witness's attention to so much of the statement as is
        inconsistent with the witness's evidence.

(3) For the purpose of adducing evidence of the statement, a party may re-open
the party's case.