Admissibility Checklist
All Evidence
General Admission
Discretionary Exclusion
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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)
Prior Statement of Accused
- ☐ is it excludable as a prior consistent statement
Disreputable Conduct
Documentary Evidence
- ☐ CEA Business Records
- ☐ Notice, Affidavit
- ☐ CEA Financial Records
- ☐ Affidavit
- ☐ Common law business records
- ☐ principled Admission
Images and Video
- 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
- 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
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 real evidence as sourced from circumstances surrounding the incident
- ☐ Recognition of accused as the culprit
- Mens Rea
- ☐ Observed utterances/conduct of accused to infer an awareness of circumstances OR intention
- ☐ before incident
- ☐ during incident
- ☐ after incident (Post-Offence Conduct)
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