Introduction to the UEA - Victorian Law Reform Commission

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• evidence given in a criminal proceeding by a witness, being a witness who might reasonably be supposed to have been criminally concerned in the events giving rise to the proceedings • evidence given in a criminal proceeding by a witness who is a prison informer • oral evidence of questioning by an investigating official of a defendant that is questioning recorded in writing that has not been signed, or otherwise acknowledged in writing, by the defendant • in a proceeding against the estate of a deceased person – evidence adduced by or on behalf of a person seeking relief in the proceeding that is evidence about a matter about which the deceased person could have given evidence if he or she were alive The section does not affect any other power of the judge to give a warning to, or to inform, the jury (s165(5)). The courts have under s165(5) brought in a number of common law warnings developed in recent times. The UEA sought to address problems created by those warnings. 5.3.2 Children’s evidence In any proceeding in which evidence is given by a child before a jury a judge must not: • warn the jury, or suggest to the jury, that children as a class are unreliable witnesses • warn the jury, or suggest to the jury, that the evidence of children as a class is inherently less credible or reliable, or requires more careful scrutiny, than the evidence of adults • give a warning, or suggestion to the jury, about the unreliability of the particular child’s evidence solely on account of the age of the child • in the case of a criminal proceeding, give a general warning to the jury of the danger of convicting on the uncorroborated evidence of a witness who is a child (s165A(1)) However, if a party so requests, a judge may inform the jury that the evidence of the particular child may be unreliable and the reasons why it may be unreliable and warn or inform the jury of the need for caution in determining whether to accept the child’s evidence and the weight to be given to it (s165A(2)). A judge may only so inform and warn the jury if he or she is satisfied that there are circumstances (other than the child’s age alone) particular to the child that affect the reliability of the child’s evidence and that warrant the giving of a warning or information (s165A(2)). 79
5.3.3 Delay warnings If, in a criminal proceeding in which there is a jury, the court is satisfied that the defendant has suffered a significant forensic disadvantage because of the consequences of delay, the court must (on application by the defendant) inform the jury of the nature of that disadvantage and of the need to take that disadvantage into account when considering the evidence (s165B(1) and s165B(2)). The judge need not comply with such a request if there are good reasons for not doing so (s165B(3)). It is not necessary that a particular form of words be used in informing the jury. However the judge must not in any way suggest to the jury that it would be dangerous or unsafe to convict the defendant solely because of the delay or the forensic disadvantage suffered because of the consequences of delay (s165B(4)). Although the section does not affect any other power of the judge to give any warning to, or to inform, the jury, the judge must not warn or inform the jury about any forensic disadvantage the defendant may have suffered because of delay except in accordance with the section (s165B(5)). Section 165B replaces the common law relating to warnings of this kind reflected in Longman v The Queen (1989) 168 CLR 79. See also s61 of the Crimes Act 1958 in relation to jury warnings to be given in trials relating to offences under Subdivisions (8A), (8B), (8C), (8D) or (8E) of Part I of that Act (Sexual offences). Further reading Joint Report (2005), Chapter 18 80
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Introduction to the Uniform Evidenc
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Table of Contents 1. PRELIMINARY ..
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4.4.9 Admissions made with authorit
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necessary. 2 In response, the ALRC
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1.4 Policy underlying the UEA An un
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2. Using the Victorian UEA 2.1 Appl
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(Part 3.5) • the exclusion of evi
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While some of the changes made to t
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3. Significant changes for Victoria
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A spouse, de facto partner (defined
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A court may allow a party who calle
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3.2 Documents 3.2.1 Definition of d
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A party may make a reasonable reque
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• documents produced from proper
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4. Significant changes for Victoria
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4.2 Hearsay The UEA provides a basi
Page 33 and 34: HEARSAY OVERVIEW RULE: Evidence of
Page 35 and 36: 4.2.5 Civil proceedings - exception
Page 37 and 38: 4.2.8 Criminal proceedings - except
Page 39 and 40: Example 2 While the common law allo
Page 41 and 42: HEARSAY IN CRIMINAL PROCEEDINGS RUL
Page 43 and 44: 4.3.4 Exception - opinion evidence
Page 45 and 46: OPINION EVIDENCE RULE: Evidence of
Page 47 and 48: 4.3.8 Opinion - special case 1 - co
Page 49 and 50: This provision applies only if the
Page 51 and 52: 4.4.6 Records of oral admissions A
Page 53 and 54: ADMISSIONS Admission means a previo
Page 55 and 56: ADMISSIONS AS EXCEPTION TO HEARSAY
Page 57 and 58: 4.5.2 Admissibility in civil and cr
Page 59 and 60: TENDENCY Is evidence of a person's
Page 61 and 62: 4.6 Credibility Credibility of a wi
Page 63 and 64: Further, in deciding whether to gra
Page 65 and 66: under the UEA. Section 108C provide
Page 67 and 68: 4.7 Identification evidence Identif
Page 69 and 70: 4.7.2 Picture identification eviden
Page 71 and 72: 4.7.3 Jury directions If identifica
Page 73 and 74: Client legal privilege under the UE
Page 75 and 76: CLIENT LEGAL PRIVILEGE Was the comm
Page 77 and 78: If the court determines that there
Page 79 and 80: PRIVILEGE AGAINST SELF-INCRIMINATIO
Page 81 and 82: • the likely effect of adducing e
Page 83: 5. Significant changes for Victoria
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Introduction to the UEA - Victorian Law Reform Commission

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