Elements Of Evidence

Question 1

Section 6

purpose of evidence law

Answer 1

To help secure the just determination of proceedings by:

• promoting fairness to parties and Witnesses
• protecting the rights of confidentiality and public interests
• avoiding unjustifiable expense and delay
• enhancing access to the law of evidence

Question 2

What is Judicial notice?

Answer 2

The court will find that a fact exists or direct a jury to do so even though evidence has not been established

EG Christmas Day

Question 3

Facts formerly admitted

Answer 3

Either council can accept that some evidence is accepted or proven at the outset so need not be discussed

Question 4

Presumptions of law

Answer 4

Are inferences that have been expressly drawn by law from particular facts.

They may be either conclusive or rebuttable.

Question 5

Presumptions of fact

Answer 5

Are simply logical inferences and so are always rebuttable

Question 6

4 factors to decide whether evidence is admissible

Answer 6

Relevance
Reliability
Unfairness
Public interest

Question 7

Section 7

Relevance

Answer 7

(3) Evidence is relevant if it has a tendency to prove or disprove anything that is of consequence to the determination of the proceeding

Question 8

Section 8

Fairness
Evidence may be excluded if?

Answer 8

Evidence may be excluded if:

• it would result in some unfair prejudice in the proceeding
• it has been obtained in circumstances that would make it’s admission against the defendant unfair

Question 9

Section 8 test involves?

When will evidence be admitted under section 8?

Answer 9

The section 8 test involves the probative value of evidence against the risk that it will:

• have an unfairly prejudicial effect on the proceeding
• needlessly prolong the proceeding

Evidence will be admitted under section 8 if it’s value outweighs the risk of any prejudicial effect

Question 10

Voir Dire

Answer 10

A hearing to determine the admissibility of evidence

A witness gives evidence to prove the facts necessary for deciding whether some other evidence should be admitted in a proceeding.

The jury is excluded.