2. Elements of Evidence - Summary

Question 1

Point 1

Aim of EA06

Must Know

Answer 1

• The aim of the Evidence Act 2006 is to help secure the just determination of proceedings.

Question 2

Point 2

Facts in issue

Must Know

Answer 2

• All facts in issue and facts relevant to the issue must be proved by evidence. The two exceptions are where judicial notice is taken of facts, and when facts are formally admitted.

Question 3

Point 3

Admissibility

Must Know

Answer 3

• In deciding whether evidence is admissible, the courts have reference to certain principles of evidence law. These include:
  − relevance
  − reliability
  − unfairness.

Question 4

Point 4

facts

Must Know

Answer 4

• For facts to be received as evidence they must be both relevant and admissible.

Question 5

Point 5

Relevant evidence

Must Know

Answer 5

• Relevant evidence is defined as any evidence that has a tendency to prove or disprove anything that is of consequence to the determination of the
  proceeding (s7).

Question 6

Point 6

S8 EA06

Must Know

Answer 6

• Section 8 sets out a general requirement for exclusion of evidence that is otherwise relevant and not excluded, or rendered inadmissible by some specific provision of the Act or any other Act. The s8 test involves balancing the probative value of the evidence against the risk that it will have an “unfairly prejudicial effect on the proceeding” (s8(1)(a)), or “needlessly prolong the proceeding” (s8(1)(b)).