Evidence Law: Scope, Case Study, and Common Law

Evidence Law

INTRODUCTION...........................................................................................................................3
ESSAY.............................................................................................................................................3
Evidence National Uniform Legislation Act...............................................................................3
Case Brown v Dunn.....................................................................................................................4
Common law................................................................................................................................5
Scope of Evidence act and common law in relation to case of Brown v Dunn...........................6
CONCLUSION................................................................................................................................7
REFRENCES...................................................................................................................................7
INTRODUCTION
Law of evidence is known as those rules that organizes evidences which helps in
providing valid proof in relation facts and legal aspects which is been presented within particular
proceeding of a case. In other words evidence law are those set of guidelines which has made
legality attained within evidences in relation to particular case. The law has formed in order to
specialize various and cover major points which enhances validity of particular proof presented
within a case. Evidence law acts as machinery through which substantive laws is been formed
and process of fair proceedings is kept in motion. Scope of these laws are wider as it deals over
rights and procedure existing within evidences. Nature of evidence law covers different aspects
in relation to case that has been presented. In this essay things that has to be covered is based
upon case study, Evidence National Uniform Legislation Act and common law is been covered.
ESSAY
Evidence National Uniform Legislation Act
The act has been formed in order to regulate the evidences that has to be presented while
trial or proceedings is done within particular offence. Under the act justification provided upon
various kinds of evidences and there applicability upon particular case. Under the act there are
certain important section that section 12, 13, 18 and 19. Section 12 and 13 of the act which
explains that any individual can give evidence unless they are due to some valid reason is
incapable of presenting it. This condition includes mental, intellectual or physical disability. Also

section 12 further provides that if an witness is competent and they are compellable then may
choose that weather to present the evidence or not. Section 18 of the act operates upon an
exception to the presumption that provides that that a spouse, de facto partner, parent or child of
the defendant may object to being required to give evidence. Also the section explains that
presiding judge should determine whether the witness should be required over giving evidence
then it can be considered under following conditions that is (a) The likelihood that harm would
or might be caused (whether directly or indirectly) to the person, or to the relationship
between the person and the defendant, if the person gives evidence and (b) whether the
nature and extent of the harm outweighs the desirability of having the evidence given.
Further section 18 of the act is been applied within criminal proceedings and does not apply over
domestic violence order or any other order that is covers cases related to civil nature. Then
comes section 19 of Evidence (National Uniform Legislation) Act. It deals with the exceptions
related to section 18 which covers that victim within proceedings over an offence should not be
below the age of sixteen. The proceeding over an offence against section 43BI and provision
related to Part VII of Criminal Code attempts and preparation to commit offence, conspiracy,
accessories. This has specified that the age of the victim should not be under sixteen years of age
(Gaitán, Herrera-Echeverri and Pablo, 2018. ).
Case Brown v Dunn
The case is based upon the rules related to cross examination and the judgement within
this has been passed by British House of lords. In this case the rule that has come out entitles that
cross examiner cannot rely upon evidence which is contradictory towards the proof of the
witness which does not allow evidences in relation to evidences that makes justification in
relation to the evidences to be presented by the witness. This is required for justifying of facts
and law that has been used within the case. Also evidences logical justification which is based
upon scenario of the case is logically justified. That is why as per the rule explains that witness
gives inconsistency over opposing party leading as per evidence. The opposing party should raise
contention during cross examination. Further the rule is also observed as anti-ambush rule which
stops party in order to present by a party within a particular case. In this opportunity in relation
to relevancy regarding fair cross examination becomes more relevant and justified after this case.
If this rule has not been developed then opportunity in relation to opposing witness cannot be
developed stooped which made earlier proceedings to be more time consuming. Also the case