,FOR2609 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 (636945) - DUE 16 September
2024 ; 100% TRUSTED Complete, trusted solutions
and explanations.
Question 1 In your own words provide your understanding of
the term ���previous consistent statement”. (10) Question
2 Opinion evidence can be crucial in solving the case in court.
Discuss opinion evidence and the exceptions to the general rule
of admissibility. (5
Question 1: Understanding the Term "Previous Consistent
Statement"
A previous consistent statement refers to a statement made by
a witness before their testimony in court that aligns with what
they later testify. The purpose of such a statement is to support
the credibility of the witness, especially if the witness's
reliability or truthfulness is questioned during cross-
examination. For example, if a witness is accused of fabricating
their testimony, presenting a prior statement that is consistent
with their current testimony can show that their account has
been steady over time.
However, in general, such statements are not admissible as
evidence to prove the truth of what was said, except in specific
circumstances like when the credibility of the witness is directly
challenged.
, Question 2: Opinion Evidence and Exceptions to the General
Rule of Admissibility
Opinion evidence refers to a witness giving their personal view
or interpretation rather than stating objective facts. Generally,
witnesses are expected to testify only about factual events they
directly observed. Opinion evidence is usually inadmissible
because the court prefers that conclusions be drawn by the
judge or jury.
Exceptions to the general rule include:
1. Expert opinion: When a qualified expert (e.g., a doctor,
scientist) provides specialized knowledge to help the court
understand complex matters outside ordinary experience.
2. Lay opinion: In limited cases, a non-expert witness may
give an opinion if it is based on their direct observation
and helps explain the facts (e.g., identifying a person’s
emotional state).
3. Identification: When a witness provides an opinion
regarding the identity of a person based on recognition of
their voice, handwriting, or other familiar characteristics.
These exceptions are admitted only when they are necessary to
assist the court in reaching a fair decision.
Semester 2 2024 (636945) - DUE 16 September
2024 ; 100% TRUSTED Complete, trusted solutions
and explanations.
Question 1 In your own words provide your understanding of
the term ���previous consistent statement”. (10) Question
2 Opinion evidence can be crucial in solving the case in court.
Discuss opinion evidence and the exceptions to the general rule
of admissibility. (5
Question 1: Understanding the Term "Previous Consistent
Statement"
A previous consistent statement refers to a statement made by
a witness before their testimony in court that aligns with what
they later testify. The purpose of such a statement is to support
the credibility of the witness, especially if the witness's
reliability or truthfulness is questioned during cross-
examination. For example, if a witness is accused of fabricating
their testimony, presenting a prior statement that is consistent
with their current testimony can show that their account has
been steady over time.
However, in general, such statements are not admissible as
evidence to prove the truth of what was said, except in specific
circumstances like when the credibility of the witness is directly
challenged.
, Question 2: Opinion Evidence and Exceptions to the General
Rule of Admissibility
Opinion evidence refers to a witness giving their personal view
or interpretation rather than stating objective facts. Generally,
witnesses are expected to testify only about factual events they
directly observed. Opinion evidence is usually inadmissible
because the court prefers that conclusions be drawn by the
judge or jury.
Exceptions to the general rule include:
1. Expert opinion: When a qualified expert (e.g., a doctor,
scientist) provides specialized knowledge to help the court
understand complex matters outside ordinary experience.
2. Lay opinion: In limited cases, a non-expert witness may
give an opinion if it is based on their direct observation
and helps explain the facts (e.g., identifying a person’s
emotional state).
3. Identification: When a witness provides an opinion
regarding the identity of a person based on recognition of
their voice, handwriting, or other familiar characteristics.
These exceptions are admitted only when they are necessary to
assist the court in reaching a fair decision.
