The UEA represents only a partial codification of the rules of evidence. Knowing whether the Evidence Act 2008 covers the field on a topic, or just introduces an alternative statutory pathway to the admission or exclusion of evidence, isn't easy. The stated intention of the ALRC or VLRC is helpful, but not the final word …
Continue reading BA v The Queen [2012] VSCA 285: adducing evidence of a witness’s bad character
The UEA represents only a partial codification of the rules of evidence. Knowing whether the Evidence Act 2008 covers the field on a topic, or just introduces an alternative statutory pathway to the admission or exclusion of evidence, isn't easy. The stated intention of the ALRC or VLRC is helpful, but not the final word …
Continue reading BA v The Queen [2012] VSCA 285: adducing evidence of a witness's bad character
The law generally forbidding the prosecution from leading bad character evidence against an accused is fairly clear. The "shield" that an accused has against allegations of bad character - unless they adduce evidence of their own good character or attack the character of prosecution witnesses - is found at s 399(5) Crimes Act 1958. When …