The Crown has the onus of establishing that the matters referred to above:. . . Note: Section 182 gives this section a wider application in relation to Commonwealth records and certain Commonwealth documents. A corollary of proof beyond reasonable doubt is that if there is a reasonable possibility of innocence the accused must be acquitted: Standley 1996 90 A Crim R 67. . .
Oral evidence to be on oath 181. Note 2: Section 5 extends the operation of this provision to proceedings in all Australian courts. Section 81 does not prevent the application of the hearsay rule to evidence of an admission unless: a it is given by a person who saw, heard or otherwise perceived the admission being made; or b it is a document in which the admission is made. Note 1: Section 67 imposes notice requirements relating to this subsection. .
. Exception: civil proceedings if maker not available. Admissibility of evidence: standard of proof. It appears that 'not admissible' means 'not admissible if objected to', despite some doubts about this proposition:. . When a person charged with an offence is married to another person by a marriage other than a monogamous marriage such last named person shall be a competent and compellable witness on behalf of either the prosecution or the defence: Provided that in the case of a marriage by Islamic law neither party to such marriage shall be compellable to disclose any communication made to him or her by the other party during such marriage.
Note 2: Federal court is defined in the Dictionary. Facts showing existence of sate of mind, or of body, or bodily feeling 17 Facts bearing on question whether act was accidental or intentional 18 Existence of course of business when relevant. Evidence of character of the accused in criminal proceedings 70. . Under the Evidence Act the judge has a number of distinct discretions and powers to reject admissible evidence. Presumption as to powers of attorney 119.
Impeaching credit of witness 211. Right of adverse party as to writing used to refresh memory 219. . Grounds of opinion, when relevant 66. How far a party may discredit his own witness 208. The fact that a witness identified the accused rather than someone else is not a reason for the admissibility of the evidence sounds obvious, I know, but I have heard it argued :.
. However, this does not mean that breaches of the law will necessarily be condoned where the offence is a serious one. . The concept of any privity of contract, as introduced by the Magistrate was not called for, as the question was whether the cheque in question was issued by the accused in discharge of a legally enforceable debt or other liability. Note: The tendency rule is subject to specific exceptions concerning character of and expert opinion about accused persons sections 110 and 111. Raising no objection is not the same as consent: Honan 1996 85 A Crim R 481. The court may presume that any book to which it may refer for information on matters of public or general interest, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published.
The obligation to take an accused before a justice may not be restricted to court hours, this is a matter of fact to be determined on the voir dire: Ainsworth 1991 57 A Crim R 174, Bell 1995 77 A Crim R 213. . Extended application of certain provisions. Subject to the provisions of this Part of this Act, in criminal cases the accused person, and his or her wife or husband, and any person and the wife or husband of any person jointly charged with him and tried at the same time, is competent to testify. The court may direct that evidence disclosing a protected confidence or protected identity information not be adduced:.
. Nor does it preclude a finding that it would be unfair to admit evidence of an admission pursuant to s90 Discretion to exclude admissions. For a lie of an accused to amount to an admission, the only reasonable inference must be that the accused lied because he knew that if he told the truth he would be found guilty. Secondary evidence includes - a certified copies given under the provisions hereinafter contained; b copies made from the original by mechanical processes which in themselves ensue the accuracy of the copy, and copies compared with such copies; c copies made from or compared with the original; d counterparts of documents as against the parties who did not execute them. If a document that is or purports to be more than 20 years old is produced from proper custody, it is presumed, unless the contrary is proved, that: a the document is the document that it purports to be; and b if it purports to have been executed or attested by a person—it was duly executed or attested by that person. Cases in which secondary evidence relating to documents may be given.
Weight to be attached to evidence 93. . Exclusion of evidence of judgments and convictions. . Number of witnesses Part X The Taking of Oral Evidence 180.