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Documentary Evidence And Real Evidence Notes

Law Notes > Evidence and Criminal Procedure Notes

This is an extract of our Documentary Evidence And Real Evidence document, which we sell as part of our Evidence and Criminal Procedure Notes collection written by the top tier of University Of Technology Sydney students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Evidence and Criminal Procedure Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

DOCUMENTARY EVIDENCE & REAL EVIDENCE
[Party] may adduce evidence of the contents of [document] by tendering the document by
[Choose one of the following methods]: a. adducing evidence of an admission made by another party to the proceeding as to the contents of the document in question; b. tendering a document that: i. is or purports to be a copy of the document in question; and ii. has been produced, or purports to have been produced, by a device that reproduces the contents of documents; c. if the document in question is an article or thing by which words are recorded in such a way as to be capable of being reproduced as sound, or in which words are recorded in a code (including shorthand writing)tendering a document that is or purports to be a transcript of the words d. if the document in question is an article or thing on or in which information is stored in such a way that it cannot be used by the court unless a device is used to retrieve, produce or collate ittendering a document that was or purports to have been produced by use of the device; e. tendering a document that: i. forms part of the records of or kept by a business (whether or not the business is still in existence); and ii. is or purports to be a copy of, or an extract from or a summary of, the document in question, or is or purports to be a copy of such an extract or summary; f. if the document in question is a public documenttendering a document that is or purports to be a copy of the document in question and that is or purports to have been printed: i. by the Government Printer or by the government or official printer of a State or Territory; or ii. by authority of the government or administration of the Commonwealth, a State, a Territory or a foreign country; or iii. by authority of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament. Views Under section 53 a judge may order that a demonstration, experiment or inspection be held if
[he/she] is satisfied that: a) the parties will be given a reasonable opportunity to be present; and b) the judge and, if there is a jury, the jury will be present. The judge may take into account the following: a) whether the parties will be present; b) whether the demonstration, experiment or inspection will, in the court's opinion, assist the court in resolving issues of fact or understanding the evidence; c) the danger that the demonstration, experiment or inspection might be unfairly prejudicial, might be misleading or confusing or might cause or result in undue waste of time; d) in the case of a demonstrationthe extent to which the demonstration will properly reproduce the conduct or event to be demonstrated;

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