WITNESS EXAMINATION STRUCTURE 1 Prosecutions opening statement 2

WITNESS EXAMINATION

STRUCTURE 1. Prosecution’s opening statement - 2 mins 2. Prosecution’s examination in chief (witness 1) – 10 mins (15 mins ) 3. Defence’s cross examination (witness 1) – 15 mins (25 mins) 4. Defence’s opening statement – 2 mins 5. Defence’s examination in chief (witness 2) - 10 mins (15 mins ) 6. Prosecution’s cross examination (witness 2) - 15 mins (25 mins) 7. Preparation of summation – 2 mins (3 mins) 8. Prosecution’s closing statement – 3 mins 9. Defence’s closing statement - 3 mins

CASE THEORY 1. Carefully go through all witness testimonies 2. Identify discrepancies in evidence 3. Identify strengths and weaknesses in your own witness’ evidence 4. Identify strengths and weaknesses in your opponent’s witness’ evidence 5. Prepare questions that emphasize your witness’ strengths and your opponent’s witness’ weaknesses

OPENING STATEMENT 1. Outline your case theory 1. Summary of the facts 2. Outlining the elements of the offence and any possible offences 1. Be sure to include the burden of proof and standard of proof 3. Relevant legislation and case law 4. Anticipated evidence that supports your case

EXAMINATION IN CHIEF 1. Explore the facts of the case (5 W’s) 2. As Counsel, your role is to facilitate and control your witness’ testimony 3. It should come across as a natural flow of conversation 4. It is important to use the witness statement as a guide 5. However, the witness statement does not have to be strictly followed (e. g. you can omit and expand on some parts of the statement)

EXAMINATION IN CHIEF 1. My name is Andy Ng and I am 36 years old. I live at 6 Trabzon Avenue, Manni, NSW. I am a physiotherapist. 2. I regularly attend Leslie Kapan’s house at 30 Denizli Road, Mani, NSW, for physiotherapy sessions as her/his sporting routine often results in her/him sustaining sprains or other minor injuries. 3. While at Leslie Kapan’s house, I often admired the cuckoo clock on the wall of the lounge room as it cuckooed on the hour. 4. I once asked Leslie about the cuckoo clock and Leslie told me: "It was given to us by a friend who went to the Black Forrest in Europe. "

CROSS EXAMINATION 1. Everyone has a very different style of cross-examining 2. Highlight weaknesses in the opponents case 3. You need to show the court that your witness is more credible than the opponent’s witness 4. Control the evidence through the types of questions you ask 1. Yes/No questions 2. ‘I put it to you…”

CLOSING STATEMENT 1. Brief overview of the entire case that has been presented 2. Reinforce the strengths of your case and the weaknesses of your opponent’s case 3. Make direct reference to evidence that was brought out in examination and chief and cross examination 4. Do not reference evidence that was not brought out during the hearing

PREPARATION 1. Research (part 1) 1. Legislation 2. Common law 3. Defences 4. Subject matter

PREPARATION 1. Research (part 2) - Evidence Act 1995 1. Browne v Dunn 2. Relevance 3. Hearsay 4. Opinion 5. Character 6. Leading questions 7. Badgering the witness 8. Vague questions 2. Exceptions

PREPARATION 1. Opening statement 1. 2. 3. 4. Preempt the opponent’s argument/case theory Examination in chief 1. Have a rough idea of the questions you can ask/you want to ask 2. Preempt objections Cross examination 1. Identify particular aspects of the opponent’s case that you really want to target 2. Can prepare short lines of questioning Closing statement 1. Bring a shell/structure of your closing statement 2. Rely on time given after cross examination

Good luck!