Evidence take home exam April 2019.docx - 17477592 Samantha Hazra Question 1 The first step in establishing whether or not the tender of Doc’s written

Evidence take home exam April 2019.docx - 17477592 Samantha...

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17477592 Samantha Hazra Question 1 The first step in establishing whether or not the tender of Doc’s written statement is an admissible form of evidence is relevance. Relevance Under Section 56 of the Uniform evidence law act, evidence relevant is admissible. Section 55 of the Uniform Evidence Law act must also be applied. Section 55 is if Doc’s evidence were accepted could it rationally affect (directly or indirectly ) the assessment of probability of existence of a fact in issue of the proceeding. Section 55 states; ‘No item of information will be deemed as admissible unless it is relevant to one of the facts in issue.’ Section 56 states: 1. ‘Except as otherwise provided by this Act, evidence that is relevant in a proceeding is admissible in the proceeding 2. Evidence that is not relevant in the proceeding is not admissible ‘ SAMANTHA HAZRA 17477592 1
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17477592 Samantha Hazra The reference of rationality implies that this logical connection must not be fanciful or irrational, and the connection with a fact in issue must be such that it assists in a direct and positive way in reaching a materiel conclusion of fact which itself is relevant to find out the outcome of the case. ’ (Feld Alexander and Bagaric 2015) i1 Chino is on trial for the murder of Tony. Doc gives evidence of seeing Bernardo hand Chino a gun. Tony was murdered by way of gun shot. Therefore the evidence that Doc is giving is relevant to a fact in issue in the proceeding in regards to the fact of Chino shooting tony with a gun and whether Chino had possession and the means of a gun to shoot Tony. If the jury accepts Doc’s evidence it would rationally affect the decision of the jury of the probability of Chino murdering Tony as it shows that Chino had a gun the night before the murder was committed. Doc’s evidence is relevant to the act of Chino committing the murder. Judicial Discretion to exclude evidence Section 137 ‘ in a criminal court the court must refuse evidence if probative value causes prejudice to the defendant. This would mean that the unfair prejudice would cause the jury to decide irrationally and unfairly. 1 Feld, F Alexander, T and Bagaric M (2015 ) Uniform Evidence Law: Principles and Practice. 2 nd ed Australia: Oxford p.p48-104-107 SAMANTHA HAZRA 17477592 2
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17477592 Samantha Hazra This may be a consideration in the issue of the admissibility of Doc’s evidence. Doc’s evidence would cause the Jury to come to the conclusion that Chino shot Tony has Tony was shot with a gun. However the Judicial discretion may not be applied as Doc’s evidence goes to a question of fact and has a probative value. Hearsay The next element to consider is Hearsay. This would mean if the written evidence provided by Doc is classified as Hearsay. The elements of Hearsay is defined under section 59 of the act which states the following; 1. ‘evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed that the person intended to assert by representation.
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  • Three '19
  • Evidence law, Samantha Hazra

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