From Criminal Law Notebook
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| * {{Box}} '''[[Hearsay]]''' | | * {{Box}} '''[[Hearsay]]''' |
| * {{Box}} does any type of '''privilege''' apply (spousal, solicitor, litigation, public interest, informer, settlement) | | * {{Box}} does any type of '''privilege''' apply (spousal, solicitor, litigation, public interest, informer, settlement) |
| * {{Box}} [[Opinion evidence]] | | * {{Box}} [[Expert Evidence|'''Opinion''' evidence]] |
| * {{Box}} [[Prior Consistent Statements]], with no other relevance | | * {{Box}} [[Prior Consistent Statements|Prior '''Consistent Statements''']], with no other relevance |
| * {{Box}} [[Character Evidence]] (i.e. prepensity evidence) | | * {{Box}} [[Character Evidence]] (i.e. prepensity evidence) |
| * {{Box}} [[Collateral Fact Rule|Collateral Facts]] | | * {{Box}} [[Collateral Fact Rule|'''Collateral Facts''']] |
| * {{Box}} [[Right Against Self-Crimination|Compelled Statements of Accused]] | | * {{Box}} [[Right Against Self-Crimination|'''Compelled Statements of Accused''']] |
| * {{Box}} [[Prior Sexual History|Prior sexual history of victim]] (for enumerated offences) | | * {{Box}} [[Prior Sexual History|Prior '''sexual history''' of victim]] (for enumerated offences) |
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Revision as of 18:36, 6 February 2019
All Evidence
- General Admission
- ☐ 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
- Discretionary Exclusion
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- General Exclusionary Rules
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Hearsay
- ☐ Is it a statement or an implied assertion
- ☐ Is it intended for the truth of what is being said or some other purpose
- Principled Exception
- ☐ 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)
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Prior Statement of Accused
- ☐ is it excludable as a prior consistent statement
Disreputable Conduct
Documentary Evidence
- ☐ CEA Business Records
- ☐ CEA Financial Records
- ☐ Common law business records
- ☐ principled Admission
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Images and Video
- See also: Electronic Documents
- Authenticate Recording
- 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
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- Establish Creation Time
- 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
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Relevance and Materiality
- Actus Reus and Circumstances
- ☐ Observation of incident or circumstances surrounding the incident
- ☐ Propensity of the accused to engage in conduct similar to the offence (Similar Fact Evidence)
- ☐ Real evidence of items collected by police
- ☐ Recognition of the real evidence as sourced from circumstances surrounding the incident
- ☐ Recognition of accused as the culprit
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- Mens Rea
- ☐ Observed utterances/conduct of accused to infer an awareness of circumstances OR intention
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- Credibility and Reliability of a Witness
- ☐ Animus, Bias, Dependence, or Partiality
- ☐ Context of Observation
- ☐ Opportunity to Observe (duration, distance, obstructions)
- ☐ Reasons (or abscence of reasons) to make observations at the time
- ☐ Focus on attention at the time (distractions, etc)
- ☐ Quality of 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
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