54Views to be evidence

54 Views to be evidence The court (including, if there is a jury, the jury) may draw any reasonable inference from what it sees, hears or otherwise notices during a demonstration, experiment or inspection. Note This chapter is about whether evidence presented in a proceeding is admissible. • Pt 3.1 sets out the general inclusionary rule that relevant evidence is admissible. • Pt 3.2 is about the exclusion of hearsay evidence, and exceptions to the hearsay rule. • Pt 3.3 is about exclusion of opinion evidence, and exceptions to the opinion rule. • Pt 3.4 is about admissions and the extent to which they are admissible as exceptions to the hearsay rule and the opinion rule. • Pt 3.5 is about exclusion of certain evidence of judgments and convictions. • Pt 3.6 is about exclusion of evidence of tendency or coincidence, and exceptions to the tendency rule and the coincidence rule. • Pt 3.7 is about exclusion of evidence relevant only to credibility, and exceptions to the credibility rule. • Pt 3.8 is about character evidence and the extent to which it is admissible as exceptions to the hearsay rule, the opinion rule, the tendency rule and the credibility rule. • Pt 3.9 is about the requirements that must be satisfied before identification evidence is admissible. • Pt 3.10 is about the various categories of privilege that may prevent evidence being presented. • Pt 3.11 provides for the discretionary and mandatory exclusion of evidence even if it would otherwise be admissible. The following diagram shows how this chapter applies to particular evidence: ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ► ► ► ► ► ► ► ► ► Is the evidence relevant? (See pt 3.1). THE EVIDENCE IS NOT ADMISSIBLE No Yes Does the hearsay rule apply? (See pt 3.2. See also pt 3.4 on admissions and pt 3.8 on character evidence.) Yes No Does the opinion rule apply? (See pt 3.3. See also pt 3.4 on admissions and pt 3.8 on character evidence.) Yes No Does the evidence contravene the rule about evidence of judgments and convictions? (See pt 3.5.) Yes No Does the tendency rule or the coincidence rule apply? (See pt 3.6. See also pt 3.8 on character evidence.) Yes No Does the credibility rule apply? (See pt 3.7. See also pt 3.8 on character evidence.) Yes No Does the evidence contravene the rules about identification evidence? (See pt 3.9.) Yes No Does a privilege apply? (See pt 3.10.) Yes No Should the evidence be excluded or must it be excluded? (See pt 3.11.) Yes No THE EVIDENCE IS ADMISSIBLE Relevance Part 3.1