JSB171 Lecture Notes - Lecture 1: Life Insurance, Telephone Call, William Deane
Document Summary
Hadlow accident evidence that plaintiff injured back 4 days previously playing cricket relevant || plaintiff denied rebuttal evidence concerning street of cricket centre: if not, merely collateral eg towards credibility: Acts prior to evidence given: hadlow (murder sheets found in dump with child"s vomit daughter gave evidence that bought, used at sheep station, & gave to accused. Defence led evidence that sheets never at sheep station evidence goes towards credibility only does not affect probability of whether gave to parents) Evidence is inadmissible if (walton per mason cj; subramaniuam per wilberforce lj: out of court statement, used for the purpose of establishing the truth of the contents of the statement made by someone other than the witness testifying. Evidence is admissible if it is being used as original evidence for a purpose other than relying on the truth of the statement. Statement is a verbal part of the act.
