The Exclusive Rules of Evidence

Question 1

Introduction

Answer 1

Most of the laws of evidence concern the things that cannot be given in
evidence. By and large, they are based on common sense.
The exclusive rules of evidence deal with:
* veracity
* propensity
* hearsay
* opinion
* identification
* improperly obtained evidence.
In addition to these specific exclusionary rules, there is the general exclusion
of probative value versus prejudicial effect on the proceeding (s8). This was
discussed in the previous chapter.

Question 2

Rules of admissibility are rules of law

Answer 2

In R v Gwaze14 the Supreme Court has made it clear that rules of admissibility,
including ss 7 and 8, are rules of law and are not matters of discretion.
Although they involve questions of judgment, they “prescribe standards to be
observed”.