Evidence Act 1995 (NSW)

Question 1

S. 114 Evidence Act 1995 – Exclusion of visual evidence. - ID Parades.

Answer 1

• Visual identification evidence is not admissible unless an identification parade was held – the accused must be afforded the opportunity to participate in an ID parade.

Question 2

S. 139 Evidence Act 1995

Answer 2

Cautioning of persons.

Question 3

S. 76 Evidence Act 1995

Answer 3

Opinion Rule.

Generally witnesses may not express an opinion or draw inferences.

Exceptions to the opinion rule are:
S.78 EA - Lay Opinion.
S.79 EA - Expert Opinion.

Question 4

S. 78 Evidence Act 1995

Answer 4

Lay Opinion:
The court will permit a person who is not testing as an expert to testify in the form of a lay opinion if the opinion is rationally based on the persons perception and helps explain that witness’s testimony.
- Generally based on what a person saw, heard or otherwise perceived.
Eg. Age or Size, Speed, Sobriety, Time and Distance.

Question 5

S. 79 Evidence Act 1995

Answer 5

Expert Opinion:
The court will permit a person to give an opinion based on a subject where they have a ‘specialised knowledge based on the person’s training, study or experience’ and on which the opinion is ‘wholly or substantially based’.

Eg.

• Doctor giving evidence in relation to injuries suffered.
• Mechanic in relation to a vehicles roadworthiness.

Question 6

S. 55 Evidence Act 1995

Answer 6

Relevant Evidence.

Question 7

S. 165 Evidence Act 1995

Answer 7

Reliable Evidence.

Question 8

S. 135 - 138 Evidence Act 1995

Answer 8

Fair Evidence.

Question 9

Exceptions to Hearsay Evidence:

Answer 9

(FITBATCH)
F- First Hand Hearsay, Person unavailable - s. 65 EA.
I- Identification of a person, place or thing - s. 66 EA
T- Tags, Labels and Writing - s. 70 EA
B- Business Records - s. 69 EA
A- Admissions s. 81 EA
T- Telecommunication and Electronic Records s. 71 EA.
C- Contemporaneous Notes About A Persons Health - s. 66A EA
H- Hearsay For Non-Hearsay Purpose - s.60EA