DUTY TO DISCLOSE A PROVED CHARGE

The need to disclose that a person has been found guilty of a criminal offence depends on the circumstances under which the question is asked. Most forms of application for employment, for example, do not require disclosure of traffic offences ...

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EVIDENCE IN PROCEEDING: FAMILY VIOLENCE

Part 3 Division 4 (sections 34U-34Z) was inserted into the Evidence Act 1929 (SA) on 29 March 2021. If a defendant asserts that an offence occurred in circumstances of family violence [as per s 34V], a court may receive evidence of family violence [s 34W], including expert evidence ...

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EVIDENCE OF VICTIMS OF DOMESTIC VIOLENCE OFFENCES

In proceedings for a domestic violence offence, where a victim of a domestic violence offence is 16 years or older and not cognitively impaired, a prescribed recording (either audio or audio visual) may be admitted into evidence under section 13BB ...

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SWORN AND UNSOWRN EVIDENCE

Evidence given to courts is divided into sworn evidence and unsworn evidence. Sworn evidence is given when someone takes an oath or makes an affirmation before giving evidence [s 4 Evidence Act 1929 (SA)]. Unsworn evidence is evidence that is given without the obligation of an oath first being ...

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EVIDENCE OF A JOURNALIST IN A TRIAL

Protections under Part 8A of the Evidence Act 1929 (SA), commonly referred to as shield laws, mean that a journalist cannot generally be compelled by a court to answer any question, or produce any document, that discloses the identity of a confidential informant [see section ...

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EVIDENCE OF A CLOSE RELATIVE IN A TRIAL

Historically, a person could not be compelled to testify against their spouse. This is no longer the case. A close relative of a person charged with a criminal offence is regarded as competent and compellable to give evidence against that ...

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CONFESSIONS IN A TRIAL

Evidence is often given that the defendant made an admission or confession of guilt. The evidence may be of a conversation in which the defendant verbally confessed or it may be a written record of questions asked by a police officer and ...

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CHARACTER IN A TRIAL

Generally, the prosecution cannot ask questions of a defendant which tend to show that the defendant has a bad character or has committed other offences. However, if at the trial the defendant or the defendant's lawyer tries to attack the credibility of a prosecution witness by ...

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OPINION IN A TRIAL

Generally, the opinion of a witness is not admissible unless the witness is an expert in the field on which the opinion is given. A doctor may be able to give an opinion on whether a particular blow may have caused the death of ...

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