What are the questions that arbitrary fact should answer?
Whether or not there is a “Prime Facie reason for presenting the evidence at all to the Jury” Cornelius v The King
Admissions – truth/untruth – can you question on this?
S189 (3) of the Evidence Act:
(3) In the hearing of a preliminary question about whether a defendant’s admission should be admitted into evidence (whether in the exercise of a discretion or not) in a criminal proceeding, the issue of the admission’s truth or untruth is to be disregarded unless the issue is introduced by the defendant.
In other words - no, unless it is introduced by the defendant.
What does the Case Law of DPP v ZHANG say about Voir Doirs?
- descretion and not a right
- must hae reasonable grounds and must identify the issues to which it is directed.
- Specification by counsel of issues to be examined is important to allow objections to be taken and considered on relevance.
- the need for a Magistrate to identify with precision the material which is objected to, and the basis for the objection.
- where a voir dire is permitted, there is a further need for a Magistrate to rule upon the admissibility of the evidence which is objected to in clear and understandable terms during the prosecution case.
What section relates to the balance of probabilities and Voir Doirs? What does this section say?
Section 142 of the evidence act - balance of probabilities
What are the 3 things to consider for Voir Doir’s as per section 189 of the Evidence Act?
a) Evidence should be admitted (whether in the exercise of a discretion or not), or
b) Evidence can be used against a person, or
c) A witness is competent or compellable,
What is a Voir Doir?
“hearing within a hearing to determine an issue of law”
Used to determine one of the following ◦ The Competency or Compellability of a witness
◦ Whether evidence is used against a person
◦ Admissibility of evidence for the tribunal of fact
