The Honourable JD Heydon QC says this in Cross on Evidence.docx - The Honourable JD Heydon QC says this in Cross on Evidence(looseleaf edition at[17145

The Honourable JD Heydon QC says this in Cross on Evidence.docx

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The Honourable JD Heydon QC says this in Cross on Evidence (looseleaf edition) at [17145]: The limits of one restriction on the form of testimony should be noted. Witnesses are commonly interrupted as they endeavour to recount conversations in indirect speech, and urged to give the actual words used. This is a counsel of virtue, but it is questionable whether it is a rule of law. A witness may give the witness's best recollection of the substance, effect or purport of what was said, even though the exact words cannot be recollected, and the witness may also recount the impression made on the witness by whatever words were used. If so, it is hard to see why witnesses must be compelled into uttering untruths on oath by giving a form of words in direct speech with which they are not happy and which they cannot actually recollect in preference to
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