Elements Of Evidence

Question 1

S6 Evidence Act 2006

Answer 1

Purpose
To help secure the just determination of proceedings by
(a) Providing for facts to be established by the principle of logical rules and
(b) Providing rules of evidence that recognize the importance of rights affirmed by BOR Act and
(c) Promoting fairness to parties and witnesses and
(d) Protecting rights of confidentiality and other important public interests
(e) Avoiding unjustifiable expense and delay
(f) Enhancing access to the law of evidence

Question 2

Notice of Uncontroverted Facts

Answer 2

S128
(1) A judge or jury may take notice of facts so known and accepted either generally or in the locality in which the proceeding is being held that they cannot reasonably be questioned
(2) A judge May take notice of facts capable of accurate and ready determination by reference to sources whose accuracy cannot be reasonably questioned and, if the process involves a jury, may direct the jury in relation to this matter

Question 3

Admission of reliable published documents

Answer 3

S129
(1) A judge may, in matters of public history, literature, science or art, admit as evidence any published documents that the judge considers to be reliable sources of information on the subjects to which they relate
(2) Subpart (1) of Part 2 (hearsay Evidence) and Subpart 2 of part 2 (opinion and expert evidence) do not apply to evidence referred to under ss(1).

Question 4

S7 Evidence Act 2006

Answer 4

Fundamental principles that relevant evidence admissible
(1) All relevant evidence is admissible except evidence that is
(a) Inadmissible under this act or any act
(b) Excluded under this act or any act
(2) Evidence that is not relevant is Inadmissible in a proceeds
(3) Evidence is relevant in a proceeding if it has a tendency to prove or disprove anything that is of consequences to the determination of the proceeding

Question 5

S8 Evidence Act 2006

Answer 5

General exclusion
(1) In any proceeding, the judge must exclude evidence if it’s probative value is outweighed by the risk that the evidence will
(a) Have an unfairly prejudicial effect in the proceeding
(b) Needlessly prolong the proceeding
(2) In determining whether the probative value of evidence is outweighed by the risk that it will have an unfairly prejudicial effect, the judge must take into account the right of the defendant to offer an effective defence