How do you ensure evidence is admissible?

How do you ensure evidence is admissible?

The first principle of admissibility is that the evidence must be relevant. To be relevant, evidence must tend to prove a fact in issue, or must go to the credibility of a witness. Admissible evidence may be heard and considered by the magistrate, judge or jury deciding the case.

What is improperly obtained evidence?

Illegally or improperly obtained evidence is evidence obtained in violation of a person’s human rights or obtained in breach of the law or procedure – and it would be unfair or unjust to use it. The issue of admissibility of evidence is whether the evidence is relevant to a fact that is in issue in the case.

What is the test under the Uniform Evidence Act 2008 Vic the Act for determining if a person is a competent witness?

4.10 The position at common law is that a person is only competent to give evidence if he or she can give sworn evidence. The traditional common law test of competence to give sworn evidence is whether the person understands the nature and consequences of the oath.

What is an example of illegally obtained evidence?

Evidence that is illegally obtained is usually not going to be able to be used against the defendant in a criminal case. One example is a statement illegally obtained from a defendant where someone was arrested, put in the back of a police car, and then asked questions without being read their Miranda rights.

What are the 4 rules of evidence?

There are four Rules of Evidence; Validity, Sufficiency, Authenticity and Currency. The Rules of Evidence are very closely related to the Principles of Assessment and highlight the important factors around evidence collection.

What is unfair evidence?

Unfair evidence can come in a variety of forms but incorporates anything which on the face of it deprives a defendant of a fair trial. Discretion to exclude unfair evidence. Fortunately, there is a safeguard against unfair- ness in all criminal proceedings.

What is admissible evidence?

Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. This rule of evidence is called the exclusionary rule.

What is the purpose of the Evidence Act 2008 Vic?

Introduction to the Evidence Act 2008. The Evidence Act 2008 (Vic) (also referred to as ‘the Victorian UEA’) is the principal Act introducing uniform evidence law into Victoria. It can be downloaded from http://www.legislation.vic.gov.au.

What is the Uniform Evidence Act?

The uniform Evidence Acts introduced significant changes with respect to the proof of documents. A recommendation is made to remove the requirement in s 50 that proof of voluminous or complex documents through the use of a summary only can be made by application to the court before the hearing concerned.

Can an evidence be both documentary and object evidence?

A document may be offered as object evidence or documentary evidence depending on the purpose for which it is presented in court. It is object evidence if the purpose of its presentation is to prove its existence. In contrast, it is documentary evidence if the purpose is to prove the contents of the document.

How can you prove that evidence is sufficient?

Evidence is deemed to be sufficient if it is understandable and presented in a clear manner, contains content deemed appropriate for the level of the award and meets all the learning criteria, regulations and requirements set out in the assessment plan.

What does section 138 of the Evidence Act mean?

Section 138 of the Evidence Act provides: 138 Exclusion of improperly or illegally obtained evidence (1) Evidence that was obtained: (a) improperly or in contravention of an Australian law, or (b) in consequence of an impropriety or of a contravention of an Australian law,

How does S 138 apply to derivative evidence?

s 138 applies to derivative evidence and evidence of an admission; s 138 is guided by a non-exhaustive list of the factors which must be taken into account in the exercise of the discretion; and s 138 applies to both civil and criminal proceedings.

What are the factors in Section 138 ( 3 )?

The High Court held that the factors in section 138 (3) confer a discretion on courts to admit evidence should the court be convinced on balance that the public interest requires that the evidence be admitted. The significance of factor (h) will vary according to the circumstances.

Which is a threshold requirement for engaging S 138?

While the existence of a causal connection is a threshold requirement for engaging s 138, the strength of that causal connection may be relevant to the balancing exercise in deciding whether to admit or exclude the evidence. An attenuation of the causal connection is a factor in favour of admitting illegally or improperly obtained evidence.