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. Evidence (National Uniform Legislation) Act 2011 28 This Chapter is about whether evidence adduced in a proceeding is admissible. Part 3.1 sets out the general inclusionary rule that relevant evidence is admissible. Part 3.2 is about the exclusion of hearsay evidence, and exceptions to the hearsay rule. Part 3.3 is about exclusion of opinion evidence, and exceptions to the opinion rule. Part 3.4 is about admissions and the extent to which they are admissible as exceptions to the hearsay rule and the opinion rule. Part 3.5 is about exclusion of certain evidence of judgments and convictions. Part 3.6 is about exclusion of evidence of tendency or coincidence, and exceptions to the tendency rule and the coincidence rule. Part 3.7 is about exclusion of evidence relevant only to credibility, and exceptions to the credibility rule. Part 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. Part 3.9 is about the requirements that must be satisfied before identification evidence is admissible. Part 3.10 is about the various categories of privilege that may prevent evidence being adduced. Part 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: Evidence (National Uniform Legislation) Act 2011 29 Is the evidence relevant? (See Part 3.1.) Does the hearsay rule apply? (See Part 3.2. See also Part 3.4 on admissions and Part 3.8 on character evidence.) Does the opinion rule apply? (See Part 3.3. See also Part 3.4 on admissions and Part 3.8 on character evidence.) Does the evidence contravene the rule about evidence of judgments and convictions? (See Part 3.5.) Does the tendency rule or the coincidence rule apply? (See Part 3.6. See also Part 3.8 on character evidence.) Does the credibility rule apply? (See Part 3.7. See also Part 3.8 on character evidence.) Does the evidence contravene the rules about identification evidence? (See Part 3.9.) Does a privilege apply? (See Part 3.10.) Should a discretion to exclude the evidence be exercised or must it be excluded? (See Part 3.11.) THE EVIDENCE IS ADMISSIBLE THE EVIDENCE IS NOT ADMISSIBLE Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No Evidence (National Uniform Legislation) Act 2011 30