Documents, Business Records and Experts.

Question 1

“Document Definition”:

Answer 1

Any record of information, and includes:
(a) Anything on which there is writing, or
(b) Anything on which there are marks, figures, symbols, or perforations having
meaning for persons qualified to interpret them, or
(c) Anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
d) A map, plan, drawing or photograph

Question 2

Business Records:
* Witnesses who provide a statement or an affidavit identifying a business record document often are not required to be called to court to give oral evidence of the matter. *

S. 171 EA 1995 Persons who may give such evidence:
(1) May be given by: (a) a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing

Answer 2

• CCTV from places of business can be classed as ‘business records’.
• A telephone company’s record of call and or SMS communications including Call Charge Records (CCR) or Reverse Call Charge Records (RCCR) are ‘business records’.
• Business records are defined by s69(1) Evidence Act and considered as an exception to the Hearsay Rule.

Question 3

Continuity of Evidence:

Answer 3

Continuity of evidence is ensuring that there is the accounting for all locations that store
and all witnesses who handle (possess) a proposed exhibit from the time that exhibit first comes into Police possession / custody to the time it is presented in evidence in court by a witness.

Question 4

Experts and the Evidence Act
S. 177 EA 1995 Certificates of expert evidence:

Section 177 facilitates the reception of expert opinion evidence in the form of a certificate without necessarily requiring the expert who made the certificate to attend and give oral evidence.

Answer 4

The combined effect of s177(1), (4), (5) and (6) means that provided you have served (not
less than 21 days before the hearing) an expert’s certificate and a written notice of a
proposal to tender upon the accused, if you are subsequently not informed by the accused that the expert is required to give evidence, then the maker of the certificate is not required to attend court and give evidence.

Question 5

When Should I Obtain An Expert’s Opinion?

Answer 5

Generally, when your investigation calls upon a requirement to ultimately establish a fact
outside the scope of ‘common knowledge4 ’ you should consider the evidence of an
expert.

Question 6

What Should The Expert’s Certificate Contain?

Answer 6

When seeking to establish if an injury is ‘grievous bodily harm’ at law, provide the Crimes Act’s definition to the medical practitioner and ask:
‘Based on your training, study or experience, in your opinion, does the injury fall within this
definition?’ ‘If so, why?” or “If not, why not?’