Published by Geoff Harrison | 9 October 2023 This section is about the last bastion to exclude any admission made by an accused and...

Published by Geoff Harrison | 8 October 2023 A common question that arises in trials is the relevance of evidence or the probative value of evidence. Probative value is defined in the dictionary of the Evidence Act 1995 which essentially means the weight or significance that can be attributed or attached to that evidence. The test that relates to relevance or probative value is whether the evidence "could" affect the assessment of the probability of the existence of a fact i

Published by Geoff Harrison | 8 October 2023 Tendency or Coincidence evidence is simply another form of circumstantial evidence however, it has a higher threshold of admissibility given the potential for its prejudicial effect ie. Just because a person has behaved in a particular way in the past does not prove the prosecution's case. This type of evidence relates to either a person's previous conduct or their similarity to a particular conduct. A useful summary relating to th

Published by Geoff Harrison | 8 October 2023 As a general rule a witness is not permitted to give an opinion in court as per s76 of the...