3. The Exclusive Rules of Evidence - Overview Flashcards
1
Q
What are the laws of evidence concerned with?
Must Know
A
Most of the laws of evidence concern the things that cannot be given in evidence. By and large, they are based on common sense.
2
Q
What do the exclusive rules of evidence deal with?
Must Know
A
The exclusive rules of evidence deal with:
* veracity
* propensity
* hearsay
* opinion
* identification
* improperly obtained evidence
3
Q
Are the rules of admissibility rules of law or matters of discretion??
A
In R v Gwaze the Supreme Court has made it clear that rules of admissibility, including ss 7 and 8, are rules of law and are not matters of discretion. Although they involve questions of judgment, they “prescribe standards to be observed”.
