Admissibility Checklist

All Evidence

Identify one or more propositions that are sought to be proven by the evidence
Does the evidence make the proposition more likely to be true
Is the evidence material to an legal element of proof or issue to be determined in the case
Is the proposition collateral, possibly excluded for collateral fact rule

Not relevant or material
Hearsay
does any type of privilege apply (spousal, solicitor, litigation, public interest, informer, settlement)
Opinion evidence
Prior Consistent Statements for purpose of enhancing credibility with no other relevance
Character Evidence (i.e. prepensity evidence)
Collateral Facts
Compelled Statements of Accused
Prior sexual history of victim (for enumerated offences)

is the person who made statement able to be meaningfully cross examined
is the context of the statement suggesting that it is trustworthy (motivation for accuracy, sufficient testing of evidence)

See also: Electronic Documents and Records

Either:
- Person who created the record can vouch for authenticity
- Person who observed the creation of the record on the electronic device
- Person who observed the record on the device and any time-stamp associated with the record (authenticity inferred from circumstances)
  - Evidence of circumstancial reliability of the device

Either:
- Person who created the record can vouch for time
- Person who observed the creation of the record on the electronic device
- Person who observed the record on the device and any time-stamp associated with the record (authenticity inferred from circumstances)
  - Evidence of circumstancial reliability of the device

Observation of the incident or circumstances surrounding the incident
Real evidence of items collected by police
- Recognition of the real evidence as sourced from circumstances surrounding the incident (including Continuity)
Propensity of the accused to engage in conduct similar to the offence (Similar Fact Evidence)

Observed utterances/conduct of accused to infer an awareness of circumstances OR intention
- before incident
- during incident
- after incident (Post-Offence Conduct)

Animus, Bias, Dependence, Partiality, or Motive to fabricate
Tainting of evidence (determine how much claimed is based on second-hand info or mere personal belief)
Quality of Observation
- Opportunity to Observe (frequency of personal presence, duration, distance, obstructions)
- Reasons (or abscence of reasons) to make observations at the time
- Focus on attention at the time (distractions, etc)
- Emotional state at time
- Level of Intoxiation
Quality of recollection and recall
- Opportunity to record the memory accurately
- Time of recording of the memory
- Opportunity to refresh memory
- Timing of memory refresh memory
- Exposure to other versions of events through witnesses or the news
Contradictions with Common Sense
- Accuracy of memory given level of importance at the time, given the lack of recording or corroborating records
- Failure to record only select events of importance
Contradictions on Prior Statements
Demeanour and manner of response
Plausibility and Possibility
- Reasons and explanations for choice of actions (with special consideration for sexual offenes)
- Whether choice of actions match emotional state
- Signs of embellishment or minimization (eg. efforts to cast self in a good light)
- How the witness responds and changes evidence when confronted with new evidence
- Overly and inordinately complex answers
Proven history of related dishonesty
Corroboration or absence of corroboration with other witnesses or objective evidence

See also: Adverse and Hostile Witnesses