NCJ Number
213087
Date Published
September 2005
Length
356 pages
Annotation
This manuscript provides a review of the uniform evidence acts of Queensland, Australia.
Abstract
The nature and form of evidence allowed before a court is governed by the law of evidence in Queensland. Federal courts are governed by the Evidence Act 1995 while State courts are governed by Queensland legislation, primarily the Evidence Act 1977. The Evidence Acts, presented here, are structured according to the order in which evidence issues would usually arise at trial. Following the introduction in chapter 1, chapter 2 discusses the examination, cross-examination, and re-examination of witnesses, including constraints in cross-examination and the cross-examination of unfavorable witnesses. Chapter 2 also discusses the admissibility of documents for use in cross-examination. Chapter 3 turns to an examination of the hearsay rule and its exceptions, including common law exceptions, Queensland statutory exceptions, and exceptions under the Uniform Evidence Acts, which distinguish between first-hand hearsay and more remote hearsay. Chapter 4 introduces the opinion rule and its exceptions, which are governed almost entirely by common law with only a few statutory modifications. Tendency and coincidence evidence are the focus of chapter 5, which governs the admissibility of “propensity” evidence, such as evidence that discloses that an accused person has a propensity to commit crime or is the sort of person to commit crimes of the type charged. Common law governs the admissibility of propensity evidence through three key tests of admissibility, explained in chapter 5. Chapter 6 considers the admissibility of evidence regarding credibility and character while chapter 7 discusses issues concerning privileges such as client legal privilege, privilege against self-incrimination, and privileges protecting confidential communications. Chapter 8 addresses the admissibility of identification evidence, such as DNA and fingerprint evidence, exculpatory identification evidence, and directions to the jury concerning such evidence. Footnotes, appendix