Cross-examination in a Queensland Magistrates Court criminal proceeding is a crucial tool for testing the credibility, reliability, and accuracy of a prosecution witness’s evidence. The Evidence Act 1977 (Qld) and common law principles govern how cross-examination is conducted. A well-executed cross-examination can expose inconsistencies, bias, or weaknesses in the prosecution’s case, potentially leading to reasonable doubt (the threshold for whether you are guilty).

  1. Purpose

The objective of cross-examining a prosecution witness is to:

  • Test the reliability of their evidence (e.g., are they mistaken or exaggerating).
  • Expose inconsistencies in their testimony (e.g., contradictions between their statement to police and oral evidence).
  • Highlight bias or motive (e.g., personal grievances, self-interest in the outcome).
  • Challenge the strength of the prosecution’s case (e.g., lack of corroborating evidence).

Under Section 21 of the Evidence Act 1977 (Qld), a witness may be cross-examined on matters relevant to the case, provided the questioning is not misleading, repetitive, or oppressive.

  1. Preparing for Cross-Examination

Before questioning a witness, it is essential to:

  • Review all prosecution material, including witness statements, police records, and CCTV footage (in the form of a brief of evidence).
  • Identify inconsistencies between written statements and oral testimony.
  • Plan a strategy—decide whether to challenge credibility / reliability or elicit admissions favourable to the defence.

The first question is whether you need to cross-examine the witness at all. You should have worked this out before the trial.

  1. Key Techniques for Effective Cross-Examination
       A. Ask Leading Questions
  • Leading questions suggest the answer and control the witness’s response. Example:
    • ❌ “What happened after you saw the defendant?” (Open-ended)
    • ✅ “You only saw the defendant for a few seconds, correct?” (Leading)

*There are rules governing when you can and cannot ask leading questions.

        B. Question Their Memory & Perception

  • Memory fades over time, and perception can be flawed:
    • “It was dark, and you were 20 metres away. Are you sure you could clearly identify the accused?

       C. Highlight Bias or Motive

  • If the witness has a reason to lie or exaggerate:
  • “You have a civil case against the accused, don’t you?”
  1. Legal Boundaries & Objections

Cross-examination must follow legal rules:

  • No Harassment or Intimidation: The Magistrate can intervene if questioning becomes aggressive.
  • No Irrelevant or Prejudicial Questions: The witness’s personal history or character cannot be attacked unless relevant under Section 20 of the Evidence Act 1977 (Qld).
  • No Hearsay Evidence: A witness cannot testify about what someone else told them unless an exception applies.

Conclusion

Cross-examining a witness in a criminal matter requires careful preparation, precise questioning, and adherence to legal rules. The goal is to highlight inconsistencies, question reliability, and cast doubt on the prosecution’s case. A skilled cross-examination can be the difference between conviction and acquittal—making legal representation crucial for anyone facing criminal charges in Queensland.

Our team are experts in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.