Admissibility

Question 1

when is evidence admissible?

Answer 1

Evidence is only admissible if it is relevant, unless:
o Exclusionary rule applies (i.e. opinion); or
o Court exercises discretion to exclude it

Question 2

when is evidence relevant?

Answer 2

Material is relevant if it is related to the issues in the case the court has to decide (i.e. those in soc)

Question 3

what is the approach to considering whether evidence is admissible?

Answer 3

1. Is it relevant?
2. Yes - are there any rules/discretions which may render it inadmissible?

Question 4

is opinion evidence admissible? explain.

Answer 4

Inadmissible, unless:
o Expert evidence - limited to matters they are qualified on; or

o Personally received  W not qualified to give evidence on the matter, but the opinion is a way of conveying relevant facts personally received by them i.e. ‘D was driving very fast’, ‘D seemed drunk’ ✔️

NB - re: personally received = W should not draw a conclusion i.e. ‘D was driving too fast’, ‘D was drunk’ this is the court’s job.