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Transcript of Admissibility
Although relevant, is the evidence nevertheless excluded by one of the exclusionary rules?
Is there an
to the relevant exclusionary rule that applies?
Does one of the judicial discretions operate to exclude the evidence?
The evidence is admissible
EA: s 56
EA: s 55
56 Relevant evidence to be admissible
(1) Except as otherwise provided by this Act, evidence that is relevant in a proceeding is admissible in the proceeding.
(2) Evidence that is not relevant in the proceeding is not admissible.
55 Relevant evidence
(1) The evidence that is relevant in a proceeding is evidence that, if it were accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the proceeding.
(2) In particular, evidence is not taken to be irrelevant only because it relates only to:
(a) the credibility of a witness, or
(b) the admissibility of other evidence, or
(c) a failure to adduce evidence.
The evidence is inadmissible.
Is the evidence relevant?
(the threshold question for all evidence)
If it is hearsay, does one of the exceptions to the hearsay rule apply?
If it is opinion evidence, does one of the exceptions to the opinion rule apply?
There is no exception to the rule ...
An exception to the rule applies
No - none of the discretions apply to exclude the evidence
(Judicial Discretionary Exclusion)
That is, is it hearsay (EA: s59), is it opinion (s76) ... etc?
Francine Feld,School of Law
University of Western Sydney
(It forms part of the material that will be considered in determining the case.)
(It is excluded and will not form part of the material to be considered in determining the case)
Then the evidence is
admissible, but you must still go to
An exclusionary rule does apply ..
ss 135, 137, 138, 90
Therefore, the evidence is again
admissible but you must consider ...
The evidence is relevant ...
There is no applicable exclusionary rule ..
200015: Criminal Procedure and Evidence