Rules of admissibility Flashcards
Explain the principal of relevance?
Relevance denotes a sufficient rational connection, direct or indirect, between information and a facts in issue.
What is the definition of relevance under the CEA?
s 55-6 CEA evidence is relevant if it were accepted could rationally effect, either directly or indirectly, the assessment of the probability of a fact in issue. All evidence which is not relevant is not admissible.
What is the significance of the words ‘if it were accepted’ in the definition of s 55 CEA?
The words “if it were accepted” indicate that relevance does not depend on reliability, probative value, or procedural fairness (Papakosmas v r)
What is the fundamental rule governing admissibility?
The fundamental rule governing the admissibility of evidence is that it be relevant (r v wilson).
What is relevant evidence at common law?
At common law for evidence to be relevant it must be rationally relevant (in that if were accepted it could rationally effect, either directly or indirectly, the probability of the existence or a fact in issue and must be legally relevant (considerations regarding probative value, unfairly prejudicial, public policy considerations etc).
How are facts in issue identified?
Facts in issue are identified by the law defining the offence or cause of action (minus any formal admissions0
When is evidence indirectly/circumstantially relevant?
Evidence is circumstantially relevant when it asserts facts alone, or in combination with others, have a rationale tendency to resolve a fact in issue.
What are the types of circumstantial evidence?
Circumstantial evidence which precedes the fact in issue is called prospectant evidence i.e. Motive, during is comporaneous, and after is restrospectant.
