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Qld Bar Exam – Evidence exam
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Qld Bar Exam – Evidence exam
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Qld Bar Exam – Evidence 2020-2025 examAdmissions (generally) - Correct Answer-· An informal admission by words or
conduct made by a party, or those in privity with a party, is admissible evidence
against the party of the truth of its contents.
· An admission is any statement, express or implied, oral or written, which is
adverse to a party's case.
· However, informal admissions may be contradicted or explained away by their
maker (then a matter of weight).
Admissions and Confessions - Correct Answer-Confessions are in criminal
proceedings: · Two strict rules against
o "inducement"
o Involuntary in the sense of "basal involuntariness"
while subject to discretionary exclusion.
Confession includes any inculpatory statement as well as full admission of guilt
Admissions, both civil and criminal operate as a hearsay exception (as do
confessions) as admissions against interest; with requirements of the admission
to admissible and its type.
Rationale: "what a party himself admits to be true may reasonable be presumed
to be so"
,Jones v Dunkel [1959] - Correct Answer-Rule: In certain circumstances, a party
that provides an unexplained failure to provide evidence may lead to an inference
that the uncalled evidence would not have assisted the party's case.
Rationale: Deterrence against parties tempted to withhold evidence; promotes
fairness, discourages parties from hiding or suppressing evidence that could
weaken their position, and promotes transparency.
Provide example.
When does Jones v Dunkel not apply? - Correct Answer-Limited application in
criminal proceedings, can be used against Crown.
Also does not apply in the appropriate circumstances: 1) when the party is
'required to explain or contradict something' and 2) it is within their power to
tender it, and 3) there is no adequate explanation as to failure.
Bunning v Cross [1978] - Correct Answer-Rule: Evidence that was obtained
unlawfully/improperly must not be admitted unless the importance/probative
value > factors (public interest, unfairness and prejudice). Codified in s138 CEA.
Factors are: deliberateness of the conduct, probative value of the evidence, ease
with which compliance with law might have been achieved, nature of the offence
charged, purpose of the legislative restrictions.
Rationale: Striking a balance between enforcing public interest with fair
policing/disclosure against exclusion of evidence otherwise not manifestly
unfair/prejudicial (eg niche technical points). Operative deterrence against bad
policing and reliance on exclusionary rules of evidence.
, Exclusion of Relevant Evidence - Correct Answer-1) R v Christie: prejudicial value >
probative value.
2) Unfairness in s 130 EAQ/s 135 EAC.
Provide example of each.
Admissibility of expert evidence - Correct Answer-7 conditions, also in s 79 EAC.
1) Expert opinion is in field of specialised knowledge.
2) Identified aspect of that field which witness is an expert (by training, study or
experience.
3) The opinion is wholly/substantially based on the expert's KNOWLEDGE
4) Expert must identify factual assumptions/primary facts which form the opinion
(assumption identification rule)
5) Evidence is, or will be admitted that supports the findings of primary fact which
are 'sufficiently' like the factual assumptions used by experts (the basis rule)*
6) Must establish facts used on which the opinion is formed.
7) Must be an intelligible scientific/intellectual basis for the opinion
demonstrated.
Relevance, admissibility and weight - Correct Answer-Relevance: Evidence is
relevant when it tends to prove a FII.
Admissibility: Whether certain evidence can be received by the Court. All
evidence that is relevant is admissible, subject to exceptions/exclusionary rules.
Weight: the persuasion or cogency drawn from the admitted/adduced evidence.
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