What is the Browne v Dunn rule regarding a witness?

Prepare for the Queensland Evidence Bar Exam with comprehensive study material. Utilize flashcards and multiple-choice questions with hints and explanations. Excel in your exam preparation!

The Browne v Dunn rule establishes a fundamental principle in the context of witness testimony: when a party intends to challenge the credibility or reliability of a witness by presenting evidence that contradicts their testimony, this contradicting evidence must first be put to the witness during cross-examination. This allows the witness an opportunity to respond and clarify their statements before the matter is considered by the judge or jury.

This principle ensures fairness in the proceedings, as it gives the witness a chance to defend their testimony and contributes to the integrity of the trial process. If a party were to raise contradictions without giving the witness a chance to address them, it could lead to unfair prejudices and deny the witness the opportunity to explain or rectify their statements.

The other options present misunderstandings of the Browne v Dunn rule or mischaracterize the relationship between contradiction and witness testimony. Hence, the correct answer upholds the essential function of ensuring that witnesses are treated fairly within the judicial process.

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