Victorian Court of Appeal holds that multiple hearsay exceptions can be relied upon cumulatively.
Victorian Court of Appeal admits evidence of remote hearsay admission
When an unlawful phone search still makes it into evidence
An unlawful phone search will not automatically sink the prosecution case. In s 138 applications, courts will look closely at why police acted unlawfully — not just whether they did.
Another pathway for the admissibility of expert reports
A recent NSW Supreme Court decision clarified that expert certificates under s 177 of the Evidence Act can serve as a stand-alone method for admissibility of expert opinion, bypassing usual requirements. This process, beneficial for less contentious opinions, aids prosecution while necessitating prompt objections from the defense to challenge such evidence effectively.
Admissibility of geo-location evidence: New VSCA decision
The Victorian Court of Appeal's latest decision on call charge record data may lower the standard of expert evidence required.
When will cross-examination in a recorded interview be inadmissible?
A summary of when cross-examination of an accused or a witness during a recorded statement can be inadmissible.
If it looks like a duck and quacks like a duck… you still need to prove it’s a duck
Case summary of a recent Victorian Court of Appeal decision that held the prosecution must prove an element thought to be the subject of common knowledge.