Admissibility and Judicial Discretions

Question 1

s 135

Answer 1

135 General discretion to exclude evidence
The court may refuse to admit evidence if its probative value is substantially outweighed by the danger that the evidence might—
(a) be unfairly prejudicial to a party, or
(b) be misleading or confusing, or
(c) cause or result in undue waste of time.

Question 2

s 136

Answer 2

136 General discretion to limit use of evidence
The court may limit the use to be made of evidence if there is a danger that a particular use of the evidence might—
(a) be unfairly prejudicial to a party, or
(b) be misleading or confusing.

Question 3

s 137

Answer 3

137 Exclusion of prejudicial evidence in criminal proceedings
In a criminal proceeding, the court must refuse to admit evidence adduced by the prosecutor if its probative value is outweighed by the danger of unfair prejudice to the defendant.

Question 4

s 138

Answer 4

138 Exclusion of improperly or illegally obtained evidence

Question 5

s 55

Answer 5

Relevant evidence

(1) could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the proceeding.

Question 6

s 56

Answer 6

Relevant evidence is admissible

Irrelevant evidence is not admissible

Question 7

s 57

Answer 7

Provisional relevance
The court can make a finding of provisional relevance so evidence can get in if:

(a) it is reasonably open to make that finding, or

(b) subject to further evidence being admitted at a later stage of the proceeding that will make it reasonably open to make that finding.

Question 8

s 139

Answer 8

Cautioning of persons

Helps interpret whether s 138 discretion applies.