MLL218 Study Guide - Final Guide: Intellectual Disability, Crimes Act 1958, Acquired Brain Injury
24 May 2018
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1c Evidence
o The foundational inclusionary rule: Relevance
o All relevant evidence is admissible; evidence that is not relevant is not
admissible (no discretion): s56 Evidence Act 2008
o The exclusionary rules (discretionary), including:
o Hearsay: s59 (some exceptions, ss60-75)
o Coincidence/ similar fact (some exceptions): s98
o Prejudicial effect outweighs probative value: s137 Evidence Act 2008 (Vic) –
Christie discretion
o Fairness discretion: ss85 (reliability) & 90 Evidence Act 2008 (Vic)
o Illegally/Improperly obtained evidence: s138 & s 139 (failure to caution)
Evidence Act 2008 (Vic)
ILLEGALLY/IMPROPERLY OBTAINED EVIDENCE
Now governed by s138 Evidence Act 2008:
(1) Evidence that was obtained—
(a) improperly or in contravention of an Australian law; or
(b) in consequence of an impropriety or of a contravention of an Australian law—is
not to be admitted unless the desirability of admitting the evidence outweighs the
undesirability of admitting evidence that has been obtained in the way in which the
evidence was obtained
Increasing recognition for victims of crime
o Another key theme is the impact of the increasing recognition of the interests of
victims of crime. This has significantly impacted upon criminal procedure (and
criminal law) during the past four decades, especially in relation to the prosecution
of sexual offences.
o Tension because prosecution is on behalf of the State (not the individual victim)
o Many support services established eg Victims of Crime Helpline, information
proided y polie i the Notie to the Viti for ad through the puliatio A
Victims Guide to Support Services and the Criminal Justice System.
o Victims' Charter Act 2006 which became law on 1 November 2006. The principles
established in the Charter must be followed by criminal justice agencies in their
dealing with victims of crime.
find more resources at oneclass.com
find more resources at oneclass.com
S138(3) provides some guidance
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Christie discretion: fairness discretion: ss85 (reliability) & 90 evidence act 2008 (vic) Illegally/improperly obtained evidence: s138 & s 139 (failure to caution) Increasing recognition for victims of crime: another key theme is the impact of the increasing recognition of the interests of victims of crime. Victims guide to support services and the criminal justice system: victims" charter act 2006 which became law on 1 november 2006. The principles established in the charter must be followed by criminal justice agencies in their dealing with victims of crime. High ct held that if trial of d for a serious crime is going to be unfair because s/he is unrepresented by counsel, trial judge should stay proceedings until legal representation could be obtained: toohey j stated: Legal aid now provides legal assistance to all persons accused of serious crimes in victoria. But>>: s 197 enables ct to order legal aid to provide accused with legal representation.
