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.
NoteOutline of this Chapter
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:
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