Use of evidence Flashcards
main legislation
Evidence Act 1995 (NSW)
what must witnesses do prior to giving evidence
must make an oath or an affirmation
types of evidence:
oral, CCTV, forensic procedures, map, weapons used, search history
case - subramanian
Subramanian v Public Prosecutor (1956), he was put on trial for murder, he used the hearsay rule, then found guilty. He appealed, this went to the Privy Council, where a precedent was set
Subramanian precent
the privy council set that a person can give evidence that some words were spoken, and these words induced them to act in a certain manner
S(97) 1 of the Evidence Act 1995 (NSW)
tendency evidence - tendency to act a certain way, state of mind
case - Hughes
DPP v Hughes (2012)
- tendency evidence
case - dawson
R v Dawson (2022)
- character evidence
case - wood
R v Wood (2008) and Wood v R (2012)
what evidence were in the wood cases
expert evidence (most compelling evidence) - physicist Rod Cross calculated the victims body weight. and height of GAP, that she had been pushed into the GAP. He was ultimately found not guilty after appeal and sued the NSW government
case - Xie
Xie v R (2021) - Xie appealed some evidence in trial, eg. stain 91, he argued it wasnt specific enough, and vague - even though it contained 4xDNA of family members
article - Xie
“Robert Xie convictions for Lin family murders upheld by appeal court”, SMH, Feb 2021
case - Gittany
R v Gittany (2014), fingerprint evidence, CCTV elevator footage
article - Gittany
“Simon Gittany sentenced to at least 18 years”, ABC, Feb 2014
Child Sex Offence Evidence Program
passed in 2023, effect in 2024, allows minor victims to give an auditory recording of the event, takes stress and pressure out of children, meeting societies needs, reflecting moral/ethical standards, however, it is not effective for the rights of the accused, doesnt have access to cross-examine the audio
