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Inferences - judcom. nsw. gov. au The court reiterated that the circumstances for drawing a Jones v Dunkel inference are found where an uncalled witness is a person presumably able to put the true complexion on the facts relied on by a party as the ground for any inference favourable to that party
Evidence Act 1995 No 25 - NSW legislation This Act sets out the State rules of evidence Generally speaking, the Act applies to proceedings in State courts and before other persons or bodies required to apply the laws of evidence (see section 4)
EVIDENCE ACT 1995 - Australasian Legal Information Institute Evidence of official records 155A Evidence of Commonwealth documents 156 Public documents 157 Public documents relating to court processes 158 Evidence of certain public documents 159 Official statistics Division 3 - Matters relating to post and communications 160 Postal articles 161 Electronic communications 162 Lettergrams and
Election of accused not to give evidence or offer explanation Where the accused has failed to give an explanation in response to the circumstantial case led by the Crown, a comment can be made on the inference that a jury can draw from that failure The effect of the comment is that, in the absence of any explanation for the evidence produced by the Crown by way of facts that are peculiarly within the accused’s knowledge, the jury can more safely infer
Evidence Act 1995 No - NSW legislation Without limiting subsection (l), if the relevance of evidence of an act done by a person depends on the court making a finding that the person and one or more other persons had, or were acting in furtherance of, a common purpose (whether to effect an unlawful conspiracy or otherwise), the court may use the evidence itself in
EVIDENCE ACT 1995 - SECT 58 Inferences as to relevance 58 Inferences as to relevance (1) If a question arises as to the relevance of a document or thing, the court may examine it and may draw any reasonable inference from it, including an inference as to its authenticity or identity
Overview of the Evidence Act - Robert McDougall Introduction As you will be aware, the Evidence Act 1995 (NSW) (‘Act’) was intended to be part of a national uniform regime, created by reforms in the mid 1990s Those reforms were aimed at creating consistency in the treatment of evidence by the courts in each of the state and federal jurisdictions
Circumstantial evidence - judcom. nsw. gov. au It is assumed for the purposes of this direction that the jury have already been directed in terms of the Onus and standard of proof at [3-600] and as to Inferences at [3-150] It is also assumed that the legal ingredients of each charge in the indictment will have been the subject of directions: see Summing-up format at [7-000] Of course, where the Crown is relying upon direct evidence as
View - NSW legislation The court may, on the application of a party, direct that the party may adduce evidence of the contents of 2 or more documents in question in the form of a summary if the court is satisfied that it would not otherwise be possible conveniently to examine the evidence because of the volume or complexity of the documents in question