Australian Capital Territory Current Acts Australian Capital Territory Current ActsThe court (including, if there is a jury, the jury) may draw any reasonable inference from what it sees, hears or otherwise notices during a demonstration, experiment or inspection.
Note This chapter is about whether evidence presented in a proceeding is admissible.
• Pt 3.1 sets out the general inclusionary rule that relevant evidence is admissible.
• Pt 3.2 is about the exclusion of hearsay evidence, and exceptions to the hearsay rule.
• Pt 3.3 is about exclusion of opinion evidence, and exceptions to the opinion rule.
• Pt 3.4 is about admissions and the extent to which they are admissible as exceptions to the hearsay rule and the opinion rule.
• Pt 3.5 is about exclusion of certain evidence of judgments and convictions.
• Pt 3.6 is about exclusion of evidence of tendency or coincidence, and exceptions to the tendency rule and the coincidence rule.
• Pt 3.7 is about exclusion of evidence relevant only to credibility, and exceptions to the credibility rule.
• Pt 3.8 is about character evidence and the extent to which it is admissible as exceptions to the hearsay rule, the opinion rule, the tendency rule and the credibility rule.
• Pt 3.9 is about the requirements that must be satisfied before identification evidence is admissible.
• Pt 3.10 is about the various categories of privilege that may prevent evidence being presented.
• Pt 3.11 provides for the discretionary and mandatory exclusion of evidence even if it would otherwise be admissible.
The following diagram shows how this chapter applies to particular evidence:
Is the evidence relevant? (See pt 3.1). |
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THE | ||
No | ||
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Yes |
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Does the hearsay rule apply? (See pt 3.2. See also pt 3.4 on admissions and pt 3.8 on character evidence.) |
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Yes | ||
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No |
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Does the opinion rule apply? (See pt 3.3. |
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Yes | ||
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No |
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Does the evidence contravene the rule about evidence of judgments and convictions? (See pt 3.5.) |
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Yes | ||
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No |
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Does the tendency rule or the coincidence rule apply? (See pt 3.6. See also pt 3.8 on character evidence.) |
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Yes | ||
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No |
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Does the credibility rule apply? (See pt 3.7. See also pt 3.8 on character evidence.) |
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Yes | ||
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No |
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Does the evidence contravene the rules about identification evidence? (See pt 3.9.) |
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Yes | ||
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No |
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Does a privilege apply? (See pt 3.10.) |
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Yes | ||
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No |
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Should the evidence be excluded or must it be excluded? (See pt 3.11.) |
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Yes | |||
| | No | | |
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THE EVIDENCE IS ADMISSIBLE | | | |