Janie is compellable, but various mechanisms can be implemented to protect her see s 13A SAEA (NB Janie is a vulnerable witness – under 16 years old and victim of a serious offence against the person). Also note s13B – examination of victims of serious offence against the person an unrepresented D may be restricted in the questions he can ask Janie. S13C video recording of her evidence is an option.
Previous identification: where ID of Accused is in dispute, prior ID’s of suspect can be elicited in examination in chief. The prior ID is an exception to hearsay – it goes not to the truth of the matter asserted, but the state of mind of the witness at the time of prior ID. The earlier the ID the more reliable it is. Court ID’s are fairly worthless. Independent witnesses can be called to testify in support of the W’s testimony that they identified the acc on earlier occasion. If witness does not testify, another witness CANNOT testify to her previous ID. Gibbs J in Alexanderand referring to Christie indicates that without the evidence of W 1, other witnesses attesting that W 1 had made an ID = hearsay.
Leading Janie possible if she is hostile: witness must be unwilling to tell the truth/must be intention (based on demeanour AND prior inconsistent statements). Does NOT apply to W’s who forget, are confused, or fail to come up to proof. Crown would have to establish she is hostile, not merely forgetful, in order to cross examine her. SAEA 27 If the W is accepted to be hostile (must be deliberately not telling the truth), then the W may be xxned and independent evidence of prior statements can be called. This evidence can only go to credit of W and not to truth of fact alleged.
ACT: s 38 more relaxed provision for xxning W. s60 – hearsay rule does NOT apply to prior statement, so evidence of her ID of Acc can be used as proof of the assertion that it was Acc who robbed her, and to inference that he is the robber
