Admissibility

Question 1

what is admissibility?

Answer 1

what type of evidence is allowed or disallowed in court?

Question 2

who decides whether evidence is admissible or inadmissible?

Answer 2

this is up to the judge.

Question 3

why might there be difficulty with relevancy? what if something is irrelevnt?

Answer 3

then this might prejudice the accused and my also confise or misdirect the jury.

Question 4

collateral evidence?

Answer 4

could be misdirecting the court. reasonably direct bearing on the issue?

Question 5

character evidence regarded as collateral evidence? case for this? accused and other witnesses

Answer 5

could confuse and mislead the jury.

M v HMA - lead evidence about sexual assalt to someone else. charged with wasting police time. found that it was collateral and inadmissible.

Question 6

best evidence rule. what does it render secondary evidence?

Answer 6

requires the best evidence to be produced in court.
renders secondary evidence inadmissible if primary is available.

however will only be insisted upon if it would prejudice the accused

Question 7

best evidence rule case?

Answer 7

laverock v anderson- not been given the opportunity to examine the fish. however he was prejudiced and so it was quashed.

Question 8

non production of best evidence was held to be alright

Answer 8

in good faith and public intrest. was excusabe

norcher v smith