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s 21

Cross‑examination as to and proof of prior inconsistent statement

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21 Cross‑examination as to and proof of prior inconsistent statement

Every witness under cross‑examination in any proceeding, civil or criminal, may be asked whether he has made any former statement relative to the subject‑matter of the proceeding, and inconsistent with his present testimony, the circumstances of the supposed statement being referred to sufficiently to designate the particular occasion, and if he does not distinctly admit that he made such statement, proof may be given that he did in fact make it.

The same course may be taken with a witness upon his examination in chief or re‑examination, if the judge is of opinion that the witness is hostile to the party by whom he was called and permits the question.

[Section 21 amended: No. 16 of 1913 s. 3.]

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Section 21 — Cross‑examination as to and proof of prior inconsistent statement — Evidence Act 1906 (Western Australia) — Barrister AI