Electronic Evidence

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ISCUSSION PAPER ON THE REVIEW OF THE LAW OF EVIDENCE, DEALING WITH HEARSAY, RELEVANCY AND ADMISSIBILTY OF ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

Summary
The purpose of this paper is to review how documentary evidence and electronic evidence, which is treated as a form of documentary evidence, is used in criminal proceedings in Australia1 with the view to make some suggestions for possible adoption as recommendations to the Uniform Act for effective application in criminal trials. The aim is to maintain an efficient and effective justice system in which a clear and comprehensive laws of evidence play a fundamental role

Introduction
The law of Evidence in Australia is a mixture of statute and common-law together with rules of the court. Based on the complex role documentary evidence plays in criminal trials there is the need to examine the process of gathering …show more content…

As defined under the dictionary of the Evidence Act 1995 (Cth) a previous representation means a representation made or otherwise than in the course of giving evidence in the proceedings in which the evidence of the representation is being sought to be adduced. This covers the time of when the events were witnessed up until the trial. In addition, it also includes an account made during previous legal proceedings, statements made by the witness other than during the course of their testimony. Section 59(1) uses the term ‘intended to assert’ and in response to the term the Australian Law Reform Commission amended the legislation to include s 2A. S. 59(2A) states that in determining whether it can be reasonable supposed that the person intended to assert a particular fact by the representation, the court may have regard to the circumstances in which the representation was made. Therefore, the party wishing to submit the previous representation into evidence is required to prove that the representation is not intended to assert the particular

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