Section 43 — Evidence Act 1995 (NSW)

(1) A witness may be cross-examined about a prior inconsistent statement alleged to have been made by the witness whether or not—
(a) complete particulars of the statement have been given to the witness, or
(b) a document containing a record of the statement has been shown to the witness.
(2) If, in cross-examination, a witness does not admit that he or she has made a prior inconsistent statement, the cross-examiner is not to adduce evidence of the statement otherwise than from the witness unless, in the cross-examination, the cross-examiner—
(a) informed the witness of enough of the circumstances of the making of the statement to enable the witness to identify the statement, and
(b) drew the witness’s attention to so much of the statement as is inconsistent with the witness’s evidence.
(3) For the purpose of adducing evidence of the statement, a party may re-open the party’s case.

Related sections

• s 40 — Witness called in error
• s 41 — Improper questions
• s 42 — Leading questions
• s 44 — Previous representations of other persons
• s 45 — Production of documents
• s 46 — Leave to recall witnesses

Research how courts apply s 43

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