Part 2.2 - Documents; Part 3.1 - Relevance Flashcards
S48 proof of contents of documents
(1) May adduce proof of contents of a document in any of the following ways:
(a) Admission by OP as to contents
(3) (a) Can only use as against that party
(b) Tendering copy
S50 proof of voluminous or complex documents
(1) Can direct they be adduced in summary form
(2)(a)-(b) Need to serve on other party and give them opportunity to copy documents in question
(3) The opinion rule does not apply to evidence adduced in accordance with a direction under this section.
S55 - Relevant evidence
55 (1) Relevant evidence is that evidence, which, if it were accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue (if the evidence were accepted, would it make the fact in issue more likely or not?)
(2) Evidence not taken to be irrelevant only because it relates only to:
(a) The credibility of a witness;
(b) The admissibility of other evidence;
(c) A failure to adduce evidence.
What is direct evidence:
involves the witness giving evidence of what they saw, heard, or otherwise perceived regarding a fact in issue. The only task here is assessing the credibility or reliability of a witness. Examples: evidence of complainant in sex assault case, admissions.
Indirect (circumstantial) evidence
examples, evidence of motive, scientific or forensic evidence. Where jury invited to infer from that or other circumstances as to existence of facts in issue.
Probative value:
the extent to which evidence proves a fact in issue.
Prejudice:
risk of illogical reasoning or misuse of evidence. Don’t mistake probative value/prejudicial effect.
Credibility
Evidence can be separately relevant to credibility only. This is outside direct/indirect evidence as to a fact in issue.
56 Relevant evidence to be admissible
(1) Except as otherwise provided by this Act, relevant evidence is admissible in the proceeding. (2) Evidence that is not relevant in the proceeding is not admissible.
57 Provisional relevance
(1) If conclusion evidence is relevant depends on court making another finding (including a finding that the evidence is what the party claims it to be), court may find that the evidence is relevant—
(a) if it is reasonably open to make that finding; or
(b) subject to further evidence being admitted at later stage of proceeding that will make it reasonably open to make that finding.
(2) Without limiting subsection (1), if the relevance of evidence of an act done by a person depends on the court making a finding that the person and one or more other persons had, or were acting in furtherance of, a common purpose (whether to effect an unlawful conspiracy or as part of involvement in the commission of an offence or otherwise), the court may use the evidence itself in determining whether the common purpose existed.
58 Inferences as to relevance
58 Inferences as to relevance
(1) If question arises as to the relevance of a document/thing, court may examine it and may draw any reasonable inference from it, including inference as to its authenticity or identity. (2) Subsection (1) does not limit the matters from which inferences may properly be drawn.
