ANALYTICAL FRAMEWORK

Core Defence Credibility Assessment Framework

Understanding how courts assess evidence in domestic violence proceedings. A practical, educational framework for understanding the considerations that commonly arise when courts evaluate disputed evidence.

Written by Joshua Jung

Principal Solicitor, Core Defence Lawyers

Last reviewed: Last reviewed 15 January 2025 · First published 1 July 2024

This page is general information about the law in New South Wales, not legal advice. It does not create a solicitor–client relationship. For advice on your circumstances, speak with a lawyer.

One of the most common misconceptions about domestic violence proceedings is that courts simply decide which person they believe.

The reality is more nuanced.

Courts do not determine cases solely by asking:

“Who appears more believable?”

Rather, courts are required to evaluate evidence.

That evaluation frequently involves assessing reliability, consistency, corroboration, context and credibility.

This distinction is important.

A confident witness may be mistaken.
A nervous witness may be truthful.
An emotional witness may be accurate.
A calm witness may be unreliable.

For that reason, credibility assessment is rarely confined to demeanour alone.

Instead, courts examine a range of factors that may assist in determining the reliability of the evidence.

The Core Defence Credibility Assessment Framework has been developed as a practical framework for understanding some of the considerations that commonly arise when courts evaluate disputed evidence.

Its purpose is educational.

It is not a substitute for legal advice.

Nor does it determine the outcome of any particular case.

Every matter depends upon its own facts, evidence and circumstances.

THE STARTING POINT

The Central Question

Many people assume the central question in a domestic violence matter is:

“Who do I believe?”

In reality, a more useful question is often:

“Which account is better supported by the available evidence?”

The Framework begins with that principle.

FIVE PRINCIPLES

How Evidence Is Evaluated

Principle One

Consistency

Consistency is often one of the first issues examined when evaluating evidence.

In many domestic violence proceedings, an account may appear in multiple forms:

Triple Zero recordings.
Initial police conversations.
Formal witness statements.
Medical records.
Body-worn video.
Court evidence.

Perfect consistency is not expected.

Human memory is not a recording device.

Minor differences frequently occur.

The more important question is whether any inconsistency concerns a central issue in dispute.

An inconsistency relating to a peripheral detail may have little significance.

An inconsistency concerning a critical allegation may require closer examination.

The significance of any inconsistency depends upon the circumstances of the individual case.

Principle Two

Corroboration

Corroboration refers to evidence that supports or confirms another piece of evidence.

Examples may include:

CCTV footage.
Body-worn video.
Photographs.
Medical records.
Text messages.
Independent witnesses.
Admissions.

Corroboration is not required in every case.

Many domestic violence matters occur in private settings where independent evidence may be limited.

However, where corroborative evidence exists, it may assist courts in assessing disputed issues.

Importantly, corroboration may support either side of a dispute.

Its significance depends upon what it demonstrates.

Principle Three

Opportunity To Observe

A witness can only describe what they were capable of observing.

Accordingly, courts may consider whether the witness had a proper opportunity to observe the event in question.

Relevant considerations may include:

Lighting conditions.
Distance.
Duration.
Obstructions.
Stress.
Intoxication.
Environmental conditions.

A witness may be honest but mistaken.

Opportunity to observe assists in assessing reliability rather than honesty.

Principle Four

Reliability Of Memory

Memory is often central to domestic violence proceedings.

Research consistently demonstrates that memory can be affected by a range of factors including:

Stress.
Trauma.
Suggestion.
Repetition.
Passage of time.

Accordingly, courts may consider:

When the account was first provided.

Whether later accounts differ materially.

Whether recollections have evolved over time.

The existence of memory limitations does not necessarily mean an account is unreliable.

However, reliability of recollection may become an important issue depending upon the circumstances.

Principle Five

Context

Evidence rarely exists in isolation.

Events occur within a broader factual context.

That context may include:

Relationship history.
Previous communications.
Family law disputes.
Property disputes.
Ongoing conflict.
Surrounding circumstances.

Context does not determine whether an allegation is true or false.

However, context may assist courts in understanding evidence and evaluating competing accounts.

Context should be considered carefully and objectively.

IMPORTANT

What The Framework Is Not

The Framework is not a formula.
It is not a checklist that determines outcomes.
It is not a substitute for legal judgment.
It does not guarantee a particular result.

Rather, it provides a structured way of thinking about some of the issues that commonly arise when evidence is assessed.

PURPOSE

Why The Framework Matters

Domestic violence proceedings frequently involve:

Competing accounts.
Limited independent witnesses.
Electronic communications.
Emotional circumstances.
Disputed factual issues.

In such matters, credibility often becomes important.

Understanding how evidence may be evaluated can assist individuals in understanding the legal process and the issues that may affect the outcome of a case.

The Core Defence Principle

The Framework ultimately returns to a single question.

Not:

“Who appears more convincing?”

But:

“Which account is better supported by the available evidence?”

That distinction sits at the heart of many domestic violence proceedings.

Because allegations commence proceedings.

Evidence determines outcomes.

Sources & further reading

Links to legislation and court resources are provided for reference. Legislation is amended from time to time; always check the current version on the official source.

Our Standard

The principles that guide our approach to domestic violence defence representation, advocacy, education and professional service.

Advocacy Before Marketing
Knowledge Before Promotion
Trust Before Visibility
Authority Is Earned

Read Our Standard

SPEAK WITH A DEFENCE LAWYER

Confidential advice on your domestic violence matter

Every matter is different. If you are facing a domestic violence allegation, an ADVO, or a defended hearing, the earliest possible advice protects your position. Contact the firm for a confidential initial discussion. Contacting Core Defence Lawyers does not create a solicitor–client relationship, which arises only after the firm confirms engagement in writing.

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