Evidence Law
Evidence Law
This domain tests the Evidence Act 2031: relevance, admissibility, burden of proof, presumptions, oral and documentary evidence, confessions, dying declarations, expert evidence and electronic records. The exam asks what can be proved and by whom.
Core rules
- A fact must be relevant before it is admissible; relevance and admissibility are distinct.
- The party asserting a fact generally bears the burden of proving it.
- Primary documentary evidence is preferred; certified copies are admitted in defined circumstances.
- Hearsay is generally excluded, subject to statutory exceptions.
- Dying declarations, confessions and expert opinions are admissible only within their legal limits and are weighed for reliability.
Worked example
A victim states before death that D stabbed him. The statement is a dying declaration. It is relevant even if not recorded by a magistrate, but the court examines whether the victim was conscious, the statement was voluntary and the record is reliable. If the statement is vague or contradicted by medical evidence, it may not by itself prove the charge.
Traps
Do not say the burden never shifts; it can shift on presumptions and affirmative defences. Do not treat every police statement as substantive evidence. Do not rely on an uncertified photocopy without explaining the original. Do not confuse proof of a fact with its relevance.