Exception: rebutting denials by other evidence
106 Exception: rebutting denials by other evidence
The credibility rule does not apply to evidence that is relevant to a witness’s credibility and that is adduced otherwise than from the witness if:
in cross‑examination of the witness:
the substance of the evidence was put to the witness; and
the witness denied, or did not admit or agree to, the substance of the evidence; and
the court gives leave to adduce the evidence.
Leave under paragraph (1)(b) is not required if the evidence tends to prove that the witness:
is biased or has a motive for being untruthful; or
has been convicted of an offence, including an offence against the law of a foreign country; or
has made a prior inconsistent statement; or
is, or was, unable to be aware of matters to which his or her evidence relates; or
has knowingly or recklessly made a false representation while under an obligation, imposed by or under an Australian law or a law of a foreign country, to tell the truth.
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