Dunn and Dusted: Applying the Rule in Browne v Dunn When Cross-examining Children
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Martschuk, Natalie
Goodman-Delahunty, Jane
Powell, Martine
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Abstract
Cross-examination is central to all common law adversarial trials. The rule in Browne v Dunn is, in turn, central to cross-examination. This article considers the rule in the context of cross-examining child witnesses. Both the literature and case law indicate the rule is often misunderstood by practitioners which, in turn, may lead to appeals, mistrials and even miscarriages of justice. For child witnesses, application of the rule may also lead to confusion and the need to respond to direct allegations that they are lying. The article includes details of a study of practitioner perspectives on the application of the rule, complementing the doctrinal analysis and identifies precise areas for future research and reform.
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Criminal Law Journal
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47
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2
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This article was first published by Thomson Reuters in the Criminal Law Journal and should be cited as Blewer, R., Martschuk, N., Goodman-Delahunty, J., & Powell, M. (2024). “Dunn” and dusted: Applying the rule in “Browne v Dunn” when cross-examining children. Criminal Law Journal, 47(2), 218–229. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au
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Law in context
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Private law and civil obligations
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Blewer, R; Martschuk, N; Goodman-Delahunty, J; Powell, M, Dunn and Dusted: Applying the Rule in Browne v Dunn When Cross-examining Children, Criminal Law Journal, 2024, 47 (2), pp. 218-229