New South Wales Consolidated Acts

HABITUAL CRIMINALS ACT 1957 - SECT 5

5 Proof of previous conviction and imprisonment

(1) For the purposes of this Act, a previous conviction against any person, whether such conviction took place within or without New South Wales, may be proved by producing a record or extract of such conviction, and by giving proof of the identity of such person with the person appearing in the record or extract of conviction to have been convicted.
A record or extract of a conviction shall consist of:

(a) an extract from the indictment or the counts of the indictment on which the said person was convicted,

(b) a statement of the verdict,

(c) a statement of the sentence,

certified under the hand of the clerk of the court or other officer purporting to have the custody of the records of the court by which such conviction was made.

(2) For the purposes of this Act, previous imprisonment:

(a) served within New South Wales by any person may be proved by:

(i) producing a certificate under the hand of the Commissioner of Corrective Services specifying the term of such imprisonment and the convictions in respect whereof such person was imprisoned, and

(ii) giving proof of the identity of such person with the person appearing in the certificate to have been imprisoned,

(b) served without New South Wales by any person may be proved by:

(i) producing a certificate under the hand of the Commissioner of Corrective Services or other officer in charge of penal institutions in the state or country within which the imprisonment was served, specifying the term of such imprisonment and the convictions in respect whereof such person was imprisoned, and

(ii) giving proof of the identity of such person with the person appearing in the certificate to have been imprisoned.

(3) The record, extract or certificate referred to in this section shall be admissible in evidence without proof of the signature or official character of the person appearing to have signed the same.

(4) The mode of proving a previous conviction or previous imprisonment authorised by this section shall be in addition to and not in exclusion of any other authorised mode of proving any such conviction or imprisonment.