PEP64 Week 10 Flashcards
What are the most relevant Evidence Act sections.
55 56 58 183
Hearsay DOCS BIZ RECORDS
consider whether there is hearsay exception before heading down the rabbit hole.
Provisional relevance
know the section s.57 what power does the court have to tender the doc.
presumption under s.151
s.146 application
Is section 69 included in first hand hearsay?
CCTV business record?
s.171 who can give certain evidence?
Can you rely on evidence admitted for other purpose for tendency?
no
Significant probitive value
what did HCA say in Hughes about the requirement for similarity significant probitive value
Only for proof of identity. (where it is the only or predominent evidence).
Look at R & Evans slide
Jiminez and queen
elements of 117