Hemming, Andrew (2014) Resolving the application of the Christie discretion in the uniform evidence legislation. Federal Law Review, 42 (3). pp. 539-558. ISSN 0067-205X
Abstract
The application of s137 of the uniform evidence legislation, which essentially restates the Christie discretion, has been thrown into confusion with the Supreme Courts of New South Wales and Victoria taking a restrictive and expansive interpretation respectively of the meaning of 'probative value' for the purpose of the weighting exercise between probative value and unfair prejudice. Definitive clarification of such an important and well known evidential principle, which could reasonably have been previously regarded as settled law, will most likely be postponed until a suitable case is heard by the High Court. This article seeks to anticipate such a judicial resolution of the application of s137, by applying well-understood principles of statutory interpretation, to argue in favour of the Victorian expansive approach to the meaning of 'probative value' in the uniform evidence legislation.
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| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Refereed: | Yes |
| Item Status: | Live Archive |
| Additional Information: | Permanent restricted access to published version due to publisher copyright policy. |
| Faculty/School / Institute/Centre: | Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -) |
| Faculty/School / Institute/Centre: | Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -) |
| Date Deposited: | 23 Jan 2015 11:51 |
| Last Modified: | 07 Jul 2016 06:03 |
| Uncontrolled Keywords: | Christie discretion; s137; Australia; uniform evidence legislation; appellate courts; judgements |
| Fields of Research (2008): | 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems) 18 Law and Legal Studies > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation 18 Law and Legal Studies > 1801 Law > 180104 Civil Law and Procedure |
| Fields of Research (2020): | 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480504 Legal institutions (incl. courts and justice systems) 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480410 Legal theory, jurisprudence and legal interpretation 48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480502 Civil procedure |
| Socio-Economic Objectives (2008): | C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940401 Civil Justice |
| URI: | http://eprints.usq.edu.au/id/eprint/26556 |
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