Resolving the application of the Christie discretion in the uniform evidence legislation
Article
Article Title | Resolving the application of the Christie discretion in the uniform evidence legislation |
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ERA Journal ID | 33318 |
Article Category | Article |
Authors | |
Author | Hemming, Andrew |
Journal Title | Federal Law Review |
Journal Citation | 42 (3), pp. 539-558 |
Number of Pages | 20 |
Year | 2014 |
Place of Publication | Canberra, Australia |
ISSN | 0067-205X |
1444-6928 | |
Web Address (URL) | http://apo.org.au/node/53513 |
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. |
Keywords | Christie discretion; s137; Australia; uniform evidence legislation; appellate courts; judgements |
ANZSRC Field of Research 2020 | 480504. Legal institutions (incl. courts and justice systems) |
480410. Legal theory, jurisprudence and legal interpretation | |
480502. Civil procedure | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q2w6x/resolving-the-application-of-the-christie-discretion-in-the-uniform-evidence-legislation
2030
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