Relevance

Question 1

Relevance

Answer 1

Evidence that is relevant is admissible, and evidence that is not relevant is not admissible (56). Test for relevance is if the evid were accepted it could rationally affect directly or indirectly the assessment of the probability of the existence of a fact in issue (55). 

Question 2

Evidence is not taken to be irrelevant because it relates only to…

Answer 2

(a) a witness’s credibility
(b) admissibility of other evidence
(c) a failure to adduce evidence.

Question 3

Circumstantial evidence

Answer 3

Requires the tribunal of fact to draw an inference in order for the evidence to affect the probability of the existence of a fact in issue e.g. presence of the accused at the scene or DNA evidence.

Question 4

Provisional relevance

Answer 4

If the finding of relevance depends on the court making a particular finding, the court may find that the evidence is relevant if it is reasonably open to make that finding or subject to further evidence being admitted at a later stage that will make it reasonably open to make that finding.

Question 5

Court may draw reasonable inferences in determining relevance

Answer 5

When considering relevance of a document or thing, the court may examine it and may draw any reasonable inference from it, including as to its authenticity or identity (58).