New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 178

Convictions, acquittals and other judicial proceedings

178 Convictions, acquittals and other judicial proceedings

(1) This section applies to the following facts:
(a) the conviction or acquittal before or by an applicable court of a person charged with an offence,
(b) the sentencing of a person to any punishment or pecuniary penalty by an applicable court,
(c) an order by an applicable court,
(d) the pendency or existence at any time before an applicable court of a civil or criminal proceeding.
(2) Evidence of a fact to which this section applies may be given by a certificate signed by a judge, a magistrate or registrar or other proper officer of the applicable court:
(a) showing the fact, or purporting to contain particulars, of the record, indictment, conviction, acquittal, sentence, order or proceeding in question, and
(b) stating the time and place of the conviction, acquittal, sentence, order or proceeding, and
(c) stating the title of the applicable court.
(3) A certificate given under this section showing a conviction, acquittal, sentence or order is also evidence of the particular offence or matter in respect of which the conviction, acquittal, sentence or order was had, passed or made, if stated in the certificate.
(4) A certificate given under this section showing the pendency or existence of a proceeding is also evidence of the particular nature and occasion, or ground and cause, of the proceeding, if stated in the certificate.
(5) A certificate given under this section purporting to contain particulars of a record, indictment, conviction, acquittal, sentence, order or proceeding is also evidence of the matters stated in the certificate.
(6) In this section:

"acquittal" includes the dismissal of the charge in question by an applicable court.

"applicable court" means an Australian court or a foreign court.
Note : Section 91 excludes evidence of certain judgments and convictions.



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