Evidence Law：证据法.docx

1/. RelevanceThe Rules of EvidenceThe?Evidence Act (NSW) (1995)?applies to all proceedings in a NSW court, except sentence proceedings. The Act applies to sentence proceedings only if the court directs, but such a direction must be given if a party applies and the fact is significant in determining sentence (s. 4 Evidence Act).RelevanceThe fundamental rule governing the admissibility of evidence is that it be relevant. In every instance the proffered evidence must ultimately be brought to that touchstone: Barwick CJ in?Wilson (1970) 123 CLR 334?at 337. The touchstone of admissibility is relevance. Evidence which is relevant is generally admissible, and evidence which is irrelevant is inadmissible:?s. 56 Evidence Act. Evidence is relevant if it is evidence which, if accepted, could rationally affect the assessment of the probability of a fact in issue in the proceedings:?s. 55 Evidence Act,?Mundarra Smith (2001) 206 CLR 650, 75 ALJR 1398. A fact in issue means the factual elements of the offence charged and any defence. Evidence may also be relevant if it relates to the credibility of a witness, the admissibility of other evidence, or a failure to adduce evidence:?s. 55(2).Types of EvidenceThree important types of evidence in criminal proceedings are:?confessional evidence- he told me that he did itidentification evidence- I saw him do itcircumstantial evidence- he must have done it.2/. The Confessiona. What Can Constitute a Confession or AdmissionAdmissions GenerallyAn admission is defined in the?Dictionary to the Evidence Act?as a previous representation made by a party to proceedings ( including a defendant in criminal proceedings) which is adverse to the persons interest in the outcome of the proceedings. The hearsay rule and the opinion rule do not apply to evidence of an admission:?s. 81 Evidence Act. But for this provision, strictly speaking, an admission would be inadmissible because of of the hearsay rule, because it is an out of court statement tendered to