70109 Study Guide - Final Guide: Unfair Prejudice In United Kingdom Company Law, William Gummow, Dyson Heydon
Document Summary
Criminal: any facts necessary to establish the factual elements of crime or defence (smith v. The question is, could the evidence affect the fact in issue, not does it make the fact in issue more probable. Note: this excludes any assessment of reliability (and procedural fairness) of the evidence (papakosmas v r [1999] hca mchugh k [87]). Courts assume the credibility of the evidence confirmed by the inclusion of the worlds (cid:858)if it were accepted(cid:859). S 135 evidence act 1995 general discretion to exclude evidence. S 136 evidence act 1995 - general discretion to limit the use of evidence: The court may limit the use to be made of evidence if there is a danger that a particular use of the evidence might: (a) be unfairly prejudicial to a party, or (b) be misleading or confusing. S 137 evidence act 1995 - exclusion of prejudicial evidence in criminal proceedings:
