Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 54

Views to be evidence 
54. 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.
Outline 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 gives courts discretions to exclude evidence even it it would otherwise be admissible. The following diagram shows how this Chapter applies to particular evidence: Is the evidence relevant? (See Part 3.1.) No Yes Does the hearsay rule apply? (See Part 3.2. See also Part 3.4 on admissions and Part 3.8 on Yes character evidence.) No Does the opinion rule apply? (See Part 3.3. See also Part 3.4 on admissions and Part 3.8 on Yes character evidence.) No Does the evidence contravene the rule about evidence of judgments and convictions? (See Part 3.5.) Yes THE No EVIDENCE IS NOT Does the tendency rule or the coincidence rule apply? (See Part 3.6. See also Part 3.8 on character evidence.) ADMISSIBLE Yes No Does the credibility rule apply? (See Part 3.7. See also Part 3.8 on character evidence.) Yes No Does the evidence contravene the rules about identification evidence? (See Part 3.9.) Yes No Does a privilege apply? (See Part 3.10.) Yes No Should a discretion to exclude the evidence be exercised? (See Part 3.11.) Yes No THE EVIDENCE IS ADMISSIBLE
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