Leading Questions

Leading Questions

When questioning a witness in examination in chief, the party calling the witness is generally not permitted to put leading questions to the witness. (Evidence Acts – s37)

A leading question is one which is phrased in a manner as to suggest the answer desired by the questioner.

Example: “Didn’t you see John pick up the gun with the silver handle and shoot Jim in the head on 10 September 2012”

The rationale behind preventing leading questions is the purpose of the examination in chief is to search for the truth so that proper administration of justice is served.

You can ask leading questions in the following circumstances:

(a) The witness is declared ‘hostile’

(b) Questions relating to formal matters – such as names, address, occupation and similar matters (R v Chen)

(c) Questions which direct a witness’ attention to a particular time, location or place

(d) Questions relating to matters which are not in dispute

(e) Questions designed to assist in reviving a witness’s memory where it has failed on a particular topic (Court has a discretion – Permission is normally denied unless the witness has fully exhausted their memory on the matter in question)

a. Example: ‘And did anyone mention anything about the price of the painting?’

(f) When attempting to contradicts an opponent’s evidence. The court will again insist that the witness first exhaust his or her memory on the particular point at issue first.

a. Example: ‘And did Jane then say “the light was red when the Nissan crossed the intersection”?’

(g) When attempting to establish a negative on formal matters.

a. Example: ‘Did you ever give the defendant permission to use your car?’

(h) When questioning an expert witness

(i) When putting questions to witness under the procedure approved by the HC in R v Neal Regos and Morgan

Prior Inconsistent Statements

Cross-examination of an opponent’s witness as to a prior inconsistent statement is limited to statements relating...