Section 106 — Evidence Act 1995 (NSW)

(1) 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—
(a) in cross-examination of the witness—
(i) the substance of the evidence was put to the witness, and
(ii) the witness denied, or did not admit or agree to, the substance of the evidence, and
(b) the court gives leave to adduce the evidence.
(2) Leave under subsection (1) (b) is not required if the evidence tends to prove that the witness—
(a) is biased or has a motive for being untruthful, or
(b) has been convicted of an offence, including an offence against the law of a foreign country, or
(c) has made a prior inconsistent statement, or
(d) is, or was, unable to be aware of matters to which his or her evidence relates, or
(e) 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.

Related sections

• s 103 — Exception: cross-examination as to credibility
• s 104 — Further protections: cross-examination as to credibility
• s 105 — Further protections: defendants making unsworn statements
• s 108 — Exception: re-establishing credibility
• s 108A — Admissibility of evidence of credibility of person who has made a previous representation
• s 108B — Further protections: previous representations of an accused who is not a witness

Research how courts apply s 106

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.