Week 1: Introductory Matters and Relevance

Week 1 – Introductory Matters and Relevance

Subject: LAW20009 – Evidence Law
Lecturer: Alana Ray

Overview

Week 1 introduces the foundational principles of the law of evidence. The lecture covers the meaning of “evidence” and how it differs from “proof”, the structure and purpose of the Evidence Act 2008 (Vic), and the centrality of which defines the threshold of relevance. Students are introduced to facts in issue, how to categorise them, and the logical connection test that determines admissibility.

Key Concepts and Legal Doctrines

1. Evidence vs Proof

Key Distinction

Evidence refers to information presented to the court to assist in determining facts in issue. Proof is the final legal conclusion a court draws after considering the totality of evidence.

Key Elements

• Evidence is raw information (testimony, documents, objects)
• Proof is the court’s acceptance of the truth or falsity of a fact
• Evidence does not equal proof
• Proof results from fact-finder belief in the evidence

Remember

Think of it like flour vs bread: evidence must be processed into proof.

“I have proved such and such a fact” means “I have led evidence of this fact: I hope the court will accept and act upon it”.
— Wells, cited in Anderson et al

2. Relevance – Evidence Act 2008 (Vic)

Section 55(1)

Evidence is relevant if, if accepted, it could rationally affect the probability of a fact in issue.

Key Elements

• Must affect assessment of probability
• Relevance must be to a fact in issue
• Threshold is very low
• Must involve logical connection
• May be direct or circumstantial

Key Cases

• Papakosmas v The Queen (1999) 196 CLR 297: “Reliability is not the concern of relevance” — McHugh J
• Festa v The Queen (2001) 208 CLR 593: “Not enough to say evidence is weak… admissibility depends on logical connection, not strength” — Gleeson CJ

Practice Tip

Always start with before assessing admissibility. “Could rationally affect” = minimal logical link. Weak evidence ≠ irrelevant evidence.

3. Admissibility – Evidence Act 2008 (Vic)

Rule
Once evidence passes the relevance test, it is prima facie admissible under , unless otherwise excluded.

Key Elements

• Relevant evidence is admissible unless excluded
• Irrelevant evidence is not admissible ()
• Relevance is necessary but not sufficient

4. Facts in Issue

Definition

Facts in issue are the legally material facts that one party must prove and the other may dispute.

Categories

• Ultimate facts: Core legal elements of the claim/charge/defence
• Primary facts: Factual observations that support or disprove ultimate facts
• Intermediate facts: Inferences drawn from primary facts to establish ultimate facts

Key Cases

• (2001) 206 CLR 650: “Ultimate issues will be expressed in terms of the elements of the offence…”
• (2002) 76 ALJR 1024: “Facts in issue reflect the material facts that constitute the claimant’s cause of action…”

Study Tips

Study Tips

• Always start with before assessing admissibility
• Identify the facts in issue first
• In criminal matters, look to the elements of the charge
• In civil matters, pleadings define the facts in issue

Key Elements

• “Could rationally affect” = minimal logical link
• Weak evidence ≠ irrelevant evidence
• Think of as a gateway test
• Relevance is necessary but not sufficient for admissibility