JSB171 Lecture Notes - Lecture 1: Unfair Prejudice In United Kingdom Company Law, Logical Reasoning
Document Summary
= discretion to exclude otherwise admissible evidence (not to include otherwise excluded evidence) High/medium probative value admit (no room to consider prejudice) Slight probative value admit unless substantially prejudicial: all evidence is prejudicial to the other side focus on unfair prejudice (that will be misused by tribunal of fact) Previous convictions & other discreditable conduct (alcoholism) highly probative: R v jones; o"leary v the king; r v witham. Nothing in this act derogates from the power of the court in a criminal proceeding to exclude evidence if the court is satisfied that it would be unfair to admit that evidence. Bunning v cross (1978) (drink driving breath test not per rules bac 0. 19 admitted based on consideration of policy) Policy those who enforce the law should themselves abide by it. The interests or the need in the community in bringing felons to justice; The courts refusal to condone improper behaviour by law enforcement.
