Relevance

Question 1

What is the test of relevance?

Answer 1

Evidence that is relevant is evidence that, if it were accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue (s 55(1))

Question 2

What is provisional relevance?

Answer 2

Where relevance of evidence depends on proof of another fact

Question 3

Give examples of provisionally relevant evidence

Answer 3

• facts that are only relevant in combination with other facts (eg an item of clothing bearing traces of deceased’s blood found abandoned near the scene of a crime. fact is only relevant if there is evidence that the item of clothing belonged to the defendant)
• copies of relevant originals (relevance depends on a preliminary finding that the copy is what it claims to be)
• machine-produced evidence (relevance depends on a finding that it is what is claims to be, including the accuracy and reliability of the device)
• acts done in furtherance of a conspiracy

Question 4

What special rules apply to evidence of acts does in furtherance of a conspiracy?

Answer 4

If the relevance of acts done in furtherance of an alleged conspiracy depends on the finding that the conspiracy existed, then, for the purpose of determining relevance, the existence of the conspiracy may be inferred from the acts themselves (s 57(2))

Question 5

When will provisional evidence be relevant?

Answer 5

• if it is reasonably open to make that finding; or
• subject to further evidence being admitted at a later stage of the proceeding that will make it reasonably open to make that finding
  (s 57(1))

Question 6

How is relevance of copies determined?

Answer 6

the court may examine the document and draw any reasonable inference from it, including an inference as to its authenticity or identity
(s 58(1))

Question 7

What is the relevance rule?

Answer 7

Evidence that is relevant is admissible (s 56(1))

Question 8

What Pt of the Evidence Act does the relevance rule sit in?

Answer 8

Pt 3.1

Question 9

How much of an affect on the probability of the fact in issue must the evidence have?

Answer 9

logical relevance - must have some affect (s 55)