Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 108

Exception: re-establishing credibility

             (1)  The credibility rule does not apply to evidence adduced in re-examination of a witness.

             (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.


 



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