A challenge to a witness's ability to recall is a challenge to credibility for the purposes of s 108(3) of the Evidence Act 2008 (Vic), and the distinction between 'reliability' and 'credibility' should not be used to artificially narrow the operation of s 108. Where prior consistent statements are admissible under s 108(3)(a) or (b), the failure to obtain separate leave to adduce them through a different witness does not of itself cause a substantial miscarriage of justice.
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