Chapter 1 COPY

Question 1

Which proceedings does the EA NsW apply to?

Answer 1

All proceedings in a NSW Court (defined): S 4, including those relating to bail. Act applies to sentencing if and to the extent the Court directs it applies.

Question 2

When will the EA apply to sentencing?

Answer 2

If the Court gives a direction under s 4(2) that applies to proceeding or specified parts. Court must do so in 2 circs:

• a party applies for one in relation to a proof of fact and in the court’s opinion the proc involves proof if that fact and fact significant in determining sentence; s 4(3) or
• required in the interests of justice s 4(4)

Part 3.6 (tendency and coincidence) do not apply to sentencing proceedings s 94(2)

Question 3

Are there any matters the Court must take into account in determining whether to make a direction that the Act applies to sentencing?

Answer 3

Direction so s 192(2) considerations (Stanoevski). Where sentencing shortly follows trial, direction should ordinarily be made (Lewis). No direction, CL applies (Bourchas)

Question 4

Which party of the Act can never apply to sentencing proceedings?

Answer 4

Part 3.6 tendency and coincidence: s 94(2)

Question 5

What does the case of Lewis say about sentencing and the Evidence Act?

Answer 5

If sentencing shortly follows a trial, direction should ordinarily be made