3. The Exclusive Rules of Evidence - Summary

Question 1

Point 1

Must Know

Answer 1

• The exclusive rules of evidence deal with:
  − veracity
  − propensity
  − hearsay
  − opinion
  − identification
  − improperly obtained evidence.

Question 2

Point 2

Must Know

Answer 2

• The Evidence Act 2006 divides what was called “character” evidence at common law into two classes of evidence:
  − “veracity” – a disposition to refrain from lying, and
  − “propensity” – a tendency to act in a particular way.

Question 3

Point 3

Must Know

Answer 3

• The two criteria for admissibility of hearsay are: reliability; and
  unavailability or that “undue expense or delay would be caused”

Question 4

Point 4

Answer 4

• In criminal proceedings, a notice of hearsay must be served on the other party so that each party has sufficient time, prior to the proceeding, to respond to the statement.

Question 5

Point 5

Answer 5

• Opinion evidence is not generally accepted; exceptions are contained in ss 24 and 25.