inadmissible evidence ( film )
with the headline: the screen:' inadmissible evidence'; john osborne adapts his play for film .
in the film. visible are machining marks and bluing flaws that can be seen clearly in the film, validating that it is the same pistol .
despite the success of numerous excellent programs to boost the number of women in the film industry over the years (film schools today produce roughly equal numbers of male and female graduates), the key decision makers in the film industry — who approve film funding and hire creative teams — are still overwhelmingly male .
inadmissible evidence .
drama for students. . retrieved july 09, 2018 from urltoken urltoken
provide that a party shall not examine a witness about a statement that is inadmissible in evidence .
future learning and skills – giving everyone the opportunity to build a lifelong relationship with film .
——, inadmissible evidence: plays three, faber and faber, 1998, pp. 177 - 264 .
a film version of inadmissible evidence was produced by woodfall films (united kingdom) in 1968. the screenplay was written by osborne and starred nicol williamson, who had played bill to rave reviews on the british and u. s. stage. as of 2006, this film was not available .
source: wendy perkins, critical essay on inadmissible evidence, in drama for students, thomson gale, 2007 .
source: klay dyer, critical essay on inadmissible evidence, in drama for students, thomson gale, 2007 .
clurman, harold, review of inadmissible evidence, in nation, december 20, 1965, p. 508 .
“film” includes a microfilm; “statement” includes any representation of fact, whether made in words or otherwise .
inadmissible evidence .
drama for students. . encyclopedia. com. (july 9, 2018). urltoken
the work of women in the australian film industry has consistently been dismissed with comments like :
maybe your film just isn' t any good
or
the best ideas are the ones that get rewarded .
creators mcgregor and celia pacquola vowed to not film during tasmania' s bitter winter, but found themselves there again .
rich, frank ,
the stage: inadmissible evidence ,
in new york times, february 24, 1981, p. c18 .
nicol williamson sings two songs in the film :
room 504
and
moonlight becomes you .
[ 3 ]
' in the foul rag and bone shop of the heart' … douglas hodge in inadmissible evidence at the donmar warehouse. photograph: johan persson
tasmania' s film and television industry continues to mature with many professionals opting to stay on home land rather than honing skills interstate .
if you can get a copy of the film version of the play, be prepared to lead a discussion on how the filmmaker depicts bill' s mental collapse. if you cannot get a copy of the film, write a section of a screenplay that reflects the audience' s inability to determine whether bill is speaking to real people. how would you cast doubts in a film version on the reality of certain characters ?
[ 2 ] the crown sought to lead evidence of film from a security camera (“the security film”) installed in a truck stop in alice springs for the purpose of establishing that the accused was in alice springs early on 15 july 2001 and, therefore, had the opportunity to commit the crimes. in addition the crown sought to lead two categories of opinion evidence. first, evidence was advanced from four persons who knew the accused in july 2001 that either they recognised the person depicted in the security film as the accused or the person depicted looked like the accused. secondly, it was proposed to call a forensic anatomist, dr meiya sutisno, to give expert evidence that the similarities between the person depicted in the security film and the accused were such that in her view the person in the film was the accused. the accused objected to the admission of evidence of the security film and any opinion evidence based on it. i admitted all the evidence to which objection was taken with the exception of one of the four witnesses who knew the accused. i now set out my reasons for those rulings .
inadmissible evidence would become an extraordinary act of prophecy for osborne. two years after its premiere, he cracked up like bill maitland, ended his apparently idyllic marriage to film critic penelope gilliatt, and was hospitalised with a nervous breakdown. his rocky future was written into the fictional alchemy of his own play .
the defendant argued that the enhanced images were inadmissible pursuant to the best evidence rule and that they were untrustworthy because they are susceptible to tampering and subsequent modification through enhancement .
statements of opinion and statements based on hearsay, which would normally be inadmissible, are admissible in evidence if made by an expert witness in the course of his testimony. the
[ 66 ] in evidence at the preliminary examination mr johnston was shown a digital copy of the security film before it was enhanced in queensland. he said he had previously seen the footage on tv. mr johnston gave the following evidence :
as a play, the best thing about inadmissible evidence was nicol williamson, who brought to life the tormented, mediocre, bullying coward that john osborne had conceived on paper. same holds true for the screen version in which same actor appears. there is value and insight to the film. yet much of it is opaque and confusing .
[ 41 ] the evidence of the security film is a piece of circumstantial evidence to be considered in conjunction with the evidence to which i have referred and other circumstantial evidence concerning the accused’s movements on 15 and 16 july 2001. the film considered in conjunction with other circumstantial evidence is capable of proving that the accused possessed the opportunity to commit the crime. in the context of the remote location where the crime was committed and the likely issues at trial, proof of opportunity is a significant part of the crown case .
as a play, the best thing about inadmissible evidence was nicol williamson, who brought to life the tormented, mediocre, bullying coward that john osborne had conceived on paper. same holds true for the screen version in which same actor appears. there is value and insight to the film. yet much of it is opaque and [ … ]
[ 53 ] the above reasons for admitting the truck stop video are based upon the material before me at the time the objection was taken. as i have said, there was no suggestion that the copying process had adversely affected the reliability of the film in the sense that the film reliably depicted a vehicle and driver .
“63. evidence of a trait of a witness' s character for truthfulness or untruthfulness is inadmissible to attack or support the credibility of the witness unless it is of substantial probative value .
despite the success of numerous programs to boost the number of women in the film industry, the key decision makers — and award winners — are still overwhelmingly male .
report on evidence (1975), evidence code, section 29 (4) .
this imbalance is most evident in traditional film, where women account for just 32 per cent of producers, 23 per cent of writers and 16 per cent of directors .
murder – admissibility of expert evidence – video footage – identification evidence – facial and body mapping / photo - comparison – evidence admitted .
this was a motion brought by the defence seeking a ruling that digital enhancement fingerprint analysis does not meet the frye standard and therefore should be ruled inadmissible .
[ 10 ] the security film was subsequently enhanced. in evidence given at the preliminary hearing in may 2004, ms lees was shown the enhanced film. she said the picture she observed in august 2001 was of poorer quality than the picture she was shown in court. she said that in august 2001 she was not able to say anything about the identification of the person depicted in the video .
no witness should be cross - examined about statements which are inadmissible in evidence, whether or not such statements are read to the court in the course of cross - examination. [ pp. 168–9 ]
inadmissible evidence was a commercial and critical success in london, especially with nicol williamson in the lead, but it did not fair as well with u. s. audiences. many critics conclude that the play
picture is in black - and - white and it adds to the bleakness of the portrait being presented. yet the same effect could have been achieved had film been done in color .
perkins is a professor of twentieth - century american and british literature and film. in the following essay, she traces the causes and consequences of the main character' s mental breakdown .
in other words, professor verhoeven says :
the historically consistent lack of equity for women in the film industry is not inevitable, but is caused by identifiable networks of people .
the rifle in the district attorney' s office. harry acquires this firearm in a warrantless search. as such, they claim the gun gives no aid to the case, since it is inadmissible as evidence (
evidence act, section 14ce (added by evidence (amendment) act 1976 section 4) .
my peers and i at women in film and television (wift) are fed up with the sausage party, and believe the aacta awards should be more representative of our diverse screen culture .
[ 9 ] images from the security film were shown to ms lees on 4 august 2001. indicating an image of a person who the crown asserts was the accused, ms lees said :
as a study of harrowing pressures that destroy a middle - aged, weak but complex human being ,
inadmissible evidence
gives the satisfaction that comes from viewing a carefully crafted work. view full article in timesmachine »
[ 52 ] in the circumstances under consideration, even without reference to the proposed opinion evidence, i am satisfied that the admission of the security film into evidence will not be unfair to the accused in the relevant sense. for these reasons i decline to exercise my discretion to exclude it .
[ 56 ] the four witnesses from whom the crown sought to lead identification evidence based upon a viewing of an image taken from the security film are ms beverly allan, mr james hepi, mr brian johnston and ms julie - anne mcphail .
since receiving my invitation to the 6th annual aacta awards — ostensibly held in celebration of australia' s highest achievements in film and television — i had been thinking about pulling some kind of stunt .
eleventh report: evidence (general) (1972), draft criminal evidence bill, section 31 .
tentative recommendations and a study relating to the uniform rules of evidence, article viii, hearsay evidence .
the rule against hearsay is not defined in any statute. professor sir rupert cross, in his text book on the law of evidence, has offered as a statement of the rule that “a statement other than one made by a person while giving oral evidence in the proceedings is (inadmissible as evidence of any fact stated”. (
in the following review, gassner asserts that osborne' s main character in inadmissible evidence is
mediocre ,
expresses himself minimally and with total indifference to others. he also reproaches osborne' s writing as lacking insight and feeling .
report on the law of evidence (1976), draft evidence act, section 22 (2) .
insp. chico gonzalez (reni santoni) is seen using what appears to be a colt detective special as his sidearm in the film, but both scenes when he fires it take place in almost complete darkness .
these are likely either colt pythons or colt troopers as sfpd officers used both during the period and both are seen being used by sfpd officers in the following films, particularly pythons in the next film, magnum force .
[ 37 ] in support of his submission that the evidence of the security film should be excluded, counsel for the accused referred to a number of authorities concerned with the destruction of evidence and subsequent stays of criminal proceedings. particular reliance was placed on the decision of cox j in holmden v bitar (1987) 47 sasr 509 .
[ 107 ] the image of the person entering the shop at the truck shop taken from the security film is far from clear. this is not a case of comparing clear photographs where it could be said with considerable force that the jury could reach its own conclusion without help. in addition, there is evidence that the accused has changed his appearance since july 2001. the comparison between the image from the security film and photographs of the accused is far from straightforward and, in my opinion, the jury would be assisted by the evidence of dr sutisno .
an out - of - court statement made by a spouse at a time when he or she would have been incompetent to testify in a case to which the other spouse is party should be inadmissible .
[ 42 ] the evidence was lawfully obtained. there is no suggestion of any unlawful or improper conduct on the part of the police. at best from the point of view of the appellant, the police were less than diligent in their investigations. they obtained an inferior copy of the security film and failed to secure the film in its original format by seizing the hard drive or taking other action to ensure that the relevant images were not overwritten before they were down loaded from the hard drive in digital format .
in the following review, kemp comments on the
self - testimony
and
special pleading for a character who seems his author' s alter ego .
he praises several of the cast but finds that inadmissible evidence is a
solo turn .
eleventh report: evidence (general) (1972), draft criminal evidence bill, section 32 (4) .
pending a review of the law governing the competence of children to testify it is considered that an out - of - court statement of a child who is not competent to give sworn or unsworn evidence should be inadmissible except, perhaps, for the accused in criminal cases .
dirty harry is the 1971 crime film that introduced the character of
dirty harry
callahan to movie audiences. clint eastwood stars as sfpd inspector callahan, who is assigned to head up the investigation to catch a serial killer who calls himself
scorpio
and who threatens to kill a citizen of the city each day until his ransom demands are met. dirty harry was the first in the film franchise and introduced the now iconic. 44 magnum smith & wesson model 29 .
[ 72 ] the principles pursuant to which the admissibility of this type of non - expert opinion evidence is to be determined were discussed by the high court in smith v the queen (2001) 206 clr 650. the accused was presented on a charge of robbery of a bank. film from the bank’s security cameras showed the offender. two police officers gave evidence identifying the appellant as the offender depicted in the security camera footage. the only basis for their conclusion was knowledge gained of the appellant’s physical appearance during previous encounters when compared with features revealed when looking at the photographs from the security film .
report on the law of evidence (1976), pp. 16–7, draft evidence act, section 22 (3) .
denison has collected a wide range of useful articles on osborne, such as analyses of individual plays, including inadmissible evidence; an examination of the plays' reflection of their historical moments; a commentary by osborne' s contemporary in british theater, arnold wesker; and a comprehensive bibliography .
an out - of - court statement made by a spouse at a time when he or she would have been incompetent to testify without the consent of the other spouse should be inadmissible without the consent of that other spouse .
inadmissible evidence stuns and it disgusts – compelling us to become witnesses to a man tearing up his life. though feminists have seen its tormented anti - hero as a typical osborne misogynist, at its centre is love – pure and not so simple. it is about love' s ruination .
one of these letters was written in 1969 after rattigan had seen inadmissible evidence and then read it deep into the night. as if to confirm his spellbound response, it concluded :
i think it not only your fullest and most moving work, but the best play of the century .
inadmissible evidence presents another osborne type in bill maitland, a contemporary london attorney who finds that his lusts for power, money, and women do little to fill the emotional voids in his life. athanason described the play as opening in a
kafkaesque dream sequence set in a courtroom that foreshadows the fate of [ maitland, ] on trial before his own conscience for ‘having unlawfully and wickedly published and made known a wicked, bawdy and scandalous object’—himself .
although he pleads not guilty to the court' s indictment of him, his life is presumably the inadmissible evidence that he dares not produce in mitigation .
( 1913) 30 t. l. r. 190, records compiled by the post office showing the times at which telegrams were received were ruled inadmissible because there was no intention that such records should be retained for public inspection. in
[ 40 ] the security film is plainly of probative value, even when viewed without the assistance of any form of opinion evidence. if the jury accept the evidence of ms lees, coupled with the evidence of the truck driver who ms lees flagged down and forensic evidence concerning the finding of blood containing dna matching that of the deceased on the roadside, it would be open to the jury to find that the offender moved the kombi van to a position north of the scene of the killing and then drove south in his own vehicle in the direction of alice springs. the security film is taken at a time when the offender could have been in alice springs. it depicts a vehicle very similar to that driven by the accused in july 2001 and a person of similar height and general appearance to the accused .
however no notice is required in the draft evidence code proposed in the law reform commission of canada' s report on evidence (1975) .
furthermore, the fundamental, principal requirements for admitting a photograph into evidence — whether it is digital or film - based — are relevance and authentication. mr. knoerlein testified that the digital photograph was an accurate representation of the image captured on the negative, and mr. witzke demonstrated for this court that the more hits program could successfully authenticate the image .
64 (1) evidence of the conviction of a witness for a crime is inadmissible for the purpose of attacking his credibility if the witness has been pardoned for the crime or five years have elapsed from the day of his conviction or release from confinement for his most recent conviction of a crime, whichever is the later .
[ 95 ] dr sutisno was an impressive witness. she is highly qualified and experienced in her field. she compared and analysed features gleaned from the image captured by the security film with features apparent from images of the accused visible in media footage, photographs of the accused and surveillance video footage recorded at the berrimah correctional facility. applying both morphological analysis and photographic superimposition, dr sutisno concluded that the person depicted in the image taken from the security film was the accused. she was unable to identify any differences of significance. dr sutisno’s conclusions in this regard were not challenged in cross - examination and no evidence was called to contradict them .
[ 11 ] as to the identity of the person shown in the enhanced film, ms lees said: “he’s somewhat of a man i described”. ms lees also said that the vehicle depicted was similar to the one she had described and she was unable to pick out any dissimilarity .
finally, it should be noted that the practice of admitting all statements made in the presence of a party is not warranted by the present law, where the statement is otherwise inadmissible and no admission can be inferred from the reaction of that party. if such statements are proved in the presence of the jury, even if they are told to disregard them where no admission can be inferred in the circumstances, there is a danger that they will act on evidence which is inadmissible. it is, therefore, suggested that a judge should, as a matter of law, be required to rule on whether an admission should be inferred before an otherwise inadmissible statement made in the presence of a party is put to the jury. where a judge sits without a jury he should be required to rule explicitly on the admissibility of the statement .
the judge found that jim wood was qualified to give expert evidence. his evidence was of assistance to the trier of fact in understanding the videotape evidence. the opinions of jim wood were supported by an adequate factual foundation .
di trevis' s production of inadmissible evidence makes one notable addition to the play; a closing tableau in which most of the cast are seen sitting in a jury - box and staring accusingly at the protagonist, bill maitland. while in keeping with the judicial atmosphere of the work—which opens with a fantasy courtroom sequence and spotlights the personal and professional trials of a solicitor—it' s an incorporation that is not altogether judicious. for, as the rest of the evening has exhibited, inadmissible evidence is a play that puts a man in the dock, only to let him slip out of it and don the robes of prosecuting counsel, stabbing the finger of indictment at everyone and everything around him .
[ 63 ] mr hepi was shown the same image of the driver entering the truck stop shop taken from the queensland enhanced security film. asked if he recognised the man in the picture, mr hepi responded in the affirmative that it was the accused. asked how he recognised him, mr hepi said :
evidence of reputation may also be tendered to establish character or to prove marriage .
by the document or by admissible secondary evidence of the contents of the document .
an admission admissible under this section shall be proved by the best available evidence .
the court expressed no concern with the admissibility of the digital image enhancement evidence .
was excluded. in justice it is difficult to defend the exclusion of any logically probative evidence exculpating an accused. as regards evidence for the prosecution it may be argued that the public interest is not protected fully if any logically probative evidence is withheld. while it would seldom be appropriate to convict on the basis of hearsay evidence alone, such evidence might be valuable in corroborating the testimony of other witnesses .
the liquor store owner (james nolan) shows the scorpio killer (andrew robinson) his walther p38 pistol, which he brags he used to stop several attempted robberies. unfortunately for him scorpio hits him with a liquor bottle and takes the gun from him, and carries it up to the climax of the film .
the bank robber at the start of the film, being played by albert popwell (who would play four separate roles in the dirty harry series) wounds insp. callahan (clint eastwood) with a shot from his winchester model 12, but is disarmed during the famous
do i feel lucky ?
scene .
phillips on evidence (1820) cited with approval in archbold, pleading, evidence and practice in criminal cases, para. 1399 (38th ed. 1973) .
see federal rules of evidence (1978), rule 803 (20); law reform commission of canada, report on evidence (1975) p. 76 .
essentially, though, inadmissible evidence is a solo turn: a self - testimony which, despite the final tableau this production sets up, is far from designed to bring in an unequivocal verdict of guilty. opening as if it might be an unwavering x - ray of a confused psyche, the play swivels into a flatteringly angled mirror in which inflamed narcissism can contemplate itself .
[ 92 ] despite the fact that this type of evidence has been admitted in the united kingdom, counsel for the accused submitted that such a field of science should not be recognised in australia and the evidence should not be admitted. counsel contended that the evidence of dr sutisno is no more than a statement of her opinion and the jury are in as good a position as dr sutisno to make a comparison between the features upon which dr sutisno relied. alternatively, de sutisno’s evidence should be limited to the comparison of features and she should not be permitted to express an opinion as to whether the accused is the person in the image extracted from the security film .
report on evidence (1975), draft code, section 29 (3) .
eleventh report: evidence (general), (1972), para. 257 .
a party producing a witness should not be permitted to give any evidence adverse to that witness' s credibility except evidence of a previous inconsistent statement made by that witness .
see, for example, the evidence act (ontario), section 36; the united states federal rules of evidence (1978), rule 803 (6) .
to be given in evidence so as to afford an opportunity for cross - examination .
[ 20 ] the accused objected to the admission into evidence of the security film. in essence, counsel submitted that police had available the best evidence in the form of the digital hard drive which should have been seized or from which images directly downloaded in digital form. in these circumstances it was unfair to the accused to admit the inferior analogue copy or the digitally enhanced version of the analogue copy. counsel contended that if the hard drive had been retained or a digital download had occurred, the number plate of the vehicle might have been ascertainable and might have established that the toyota was not the toyota owned and driven by the accused in july 2001. bearing in mind the evidence establishing at least a resemblance between the driver and vehicle depicted in the film and the accused and his vehicle, and in view of ms lees’ evidence that the driver depicted was “somewhat of a man i described”, if the number plate proved that the vehicle did not belong to the accused the film would have established the presence in alice springs at a relevant time of another person who could have been the offender. in this way, so the argument proceeded, the failure of the police to take possession of the hard drive or carry out a digital download before the images were overwritten might have deprived the accused of not only the opportunity of depriving the crown of positive evidence of opportunity on the part of the accused, but of placing evidence before the jury pointing positively to the presence of another person who might have been the offender .
eleventh report: evidence (general) (1972), draft criminal evidence bill, section 31 (1), 34 (2) (c) (vi) .
criminal law revision committee, eleventh report; evidence (general): draft criminal evidence bill, clause 37. under the civil evidence act 1968, which governs admissibility in civil cases in england, a statement of an incompetent child would appear not to be admissible .
cross on evidence, p. 469 (5th ed. 1979); d. f. libling “evidence of past identification” [ 1977 ] crim. l. r. 268 .
h. h. class (ed .) seminars on evidence, p. 136 .
medical evidence to show that a witness suffers from some disease or abnormality that affects the reliability of his evidence. but it does not appear to be permissible to lead other evidence on the capacity or opportunity of a witness to observe the facts to which he has testified .
the statement is proved in court by the best evidence available. [ pp. 38–40 ]
requiring the witness to attend to give evidence at the trial of the cause or matter .
[ 81 ] my rulings and above reasons were prepared on the basis of statements to the police by the witnesses and their evidence at the preliminary examination. each of the witnesses gave evidence before the jury. having heard that evidence, i remained of the same view .
dyer holds a ph. d. in english literature and has published extensively on literature, film, and television. he is also a freelance university teacher, writer, and educational consultant. in the following essay, he discusses osborne' s use of the metaphor of marriage to represent the breakdown of civility and reason in the world of the play .
[ 73 ] in a joint judgment, gleeson cj and gaudron, gummow and hayne jj held that the evidence was inadmissible because it was irrelevant. significantly, there was no suggestion that the physical appearance of the appellant had changed materially between the time of the offence and the time of trial or that by reason of their previous observations of the appellant the police possessed an advantage in recognising the persons in the security film. in the joint judgment, their honours observed that the police were “in no better position to make a comparison between the appellant and the person in the photographs than the jurors … ”. it was in those circumstances that their honours held that the assertion by a police officer that he recognised the appellant was “not evidence that could rationally affect the assessment by the jury” of the question in issue. their honours continued (655) :
[ 43 ] as the evidence of the security film is not the product of unfair or unlawful conduct on the part of the investigating authorities, there is no occasion for the operation of the public policy discretion. that discretion has its origins in the judgment of barwick cj in r v ireland (1970) 126 clr 321 and is the discretion in respect of which the judgments in bunning v cross (1978) 141 clr 54 are usually cited .
for the purpose of any transferred provision or rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement which is admissible in evidence by virtue of section 1 shall not be capable of corroborating evidence given by the person who originally supplied the information from which the record containing the statement was compiled .
the ability to convince the court that digital evidence is worthy of reception into the criminal process is dependent on the qualifications and competence of the tendered expert, the skill and knowledge of the prosecutor in leading such evidence and the quality of the digital evidence itself. digital evidence has been successfully led in many jurisdictions in the united states and canada over the past decade .
the judge should have discretion to admit depositions, evidence taken on commission and statements on affidavit where the importance of the evidence does not justify the expense of bringing a witness to court .
as to his general reputation: at common law no other evidence is allowed, not the individual opinions of witnesses as to a person' s character nor evidence of specific acts. 202
both the forensic pathologist and the fbi agent were presented as expert witnesses. accordingly, evid. r. 702 applies. the court held that the evidence of the fbi agent was admissible as the comparison evidence given was similar to the techniques used to compare fingerprints and shoeprints. the evidence was therefore admissible and the jury could assign whatever weight to the evidence it chose .
[ 80 ] i have considered whether the evidence should be excluded in the exercise of my discretion. i am satisfied that the evidence of the three witnesses to whom i have referred is probative and that, given appropriate directions, the risk of the jury giving the evidence undue weight is minimal. the jury is perfectly capable of understanding the limitations of this type of evidence .
that express provision should be made for the admissibility of out - of - court statements where the other party does not object. to cover the case of unrepresented persons or failure to object by legal advisers, the court should have discretion to exclude an inadmissible out - of - court statement to which no objection is raised. 64
[ 13 ] the security film which the crown seeks to place before the jury was taken by more than one camera situated at the truck stop. the cameras were motion operated. the particular footage commenced at 12. 38am on 15 july 2001, apparently triggered by the movement of a toyota landcruiser vehicle which witnesses subsequently either positively identified as the vehicle being driven by the accused in july 2001 or said was very similar. no objection is taken to that evidence .
no fully satisfactory formulation of the doctrine has ever been achieved. it is, in the words of lord tomlin in homes v. newman [ 1931 ] 2 ch. 112 at 120, “adopted to provide a respectable legal cloak for a variety of cases of which no formula of precision can be applied”. “if you wish to tender inadmissible evidence” advised lord blackburn, “say it is part of the res gestae. ” 187
general council of the bar of england and wales, evidence in criminal cases, memorandum on the eleventh report of the criminal law revision committee: evidence (general), para. 182 .
general council of the bar of england and wales, evidence in criminal cases, memorandum on the eleventh report of the criminal law revision committee: evidence (general), para. 185 .
report on evidence (business records) (1973), appendix e, para. 3 .
cited in cross on evidence p. 37, fn. 2 (4th ed. 1974 )
the court admitted the forensic video analysis evidence because each of the above requirements had been met .
read osborne' s look back in anger and compare its
angry young man
to that of inadmissible evidence. determine what has caused each man to be angry and compare how each vents that anger and the consequences of that venting. prepare a powerpoint presentation comparing and contrasting the two men and be prepared to discuss what point you think osborne makes about the nature and / or the consequences of anger in these two plays .
[ 75 ] in my opinion, the evidence of ms allan is admissible. she knew the accused well. ms allan does not give positive identification evidence that the image on the security film is an image of the accused. she said “it just looked like him”: festa v the queen (2001) 208 clr 593. in addition, ms allan relied upon her recollection of the way the accused walked and held himself and of his body posture. these are features which, by necessity, cannot be made apparent to the jury. although the jury will see additional film of the appellant walking in the context of expert opinion evidence discussed later in these reasons, in my opinion that limited opportunity does not provide an adequate opportunity for the jury to identify the relevant distinctive features about which ms allan speaks. there is a vast difference between observing films of the accused walking and moving around in the confines of the custodial environment and the opportunities possessed by ms allan to view and recall the appellant’s body posture and manner of walking and holding himself .
the similar legislation in northern ireland, the criminal evidence act (northern ireland) 1965 and the civil evidence act (northern ireland) 1971 is set out in appendix 2 to this working paper .
a party producing a witness should not be permitted to give any evidence adverse to that witness' s credibility except evidence of a previous inconsistent statement made by that witness. [ p. 68 ]
hartman was ultimately convicted of aggravated murder, kidnapping and tampering with evidence. he was sentenced to death. he appealed on a number of grounds including the admissibility of the digitally enhanced fingerprint evidence .
there is a perception, largely undeserved, that digital evidence somehow alters the true nature of the original evidence and is therefore unreliable. presented properly, digital evidence is capable of being of tremendous assistance to the courts. digital evidence has been led in courts in the united states and canada over the past decade, sporadically at first and more frequently of late. even though it has been around for a while, we are still at the forefront in developing and presenting this potentially valuable evidence .
and has no family except his descendants. the statements of persons, such as servants, professional advisers and close friends, should be received on the same footing as those of members of the family. the fact that the statement was made after the controversy arose should go to weight and should not, as at present, make it inadmissible .
see ontario law reform commission, report on the law of evidence (1976) pp. 14–15 .
the criminal evidence act 1965 was passed to reverse the effect of the decision in the myers case .
the united states federal rules of evidence (1978), rule 803 (6); criminal justice act 1965 (england), section 1 (1); criminal evidence act (northern ireland) 1965, section 1 (1); civil evidence act 1968 (england), section 4 .
digest of the law of evidence, p. 201 (12th ed. (1936) ) .
the admissibility of expert evidence should not be affected by the proposed legislation. [ pp. 46–1 ]
[ 47 ] the evidence of the security film is reliable in the sense that it reliably depicts a vehicle and driver at the premises in the early hours of 15 july 2001. there is no suggestion that the copying process has adversely affected the reliability of the evidence. sufficient detail appears in the enhanced images to support a conclusion that the vehicle depicted is very similar to the vehicle being driven by the accused in july 2001. the images are also capable of leading to a conclusion that the person seen entering the shop is of very similar height and general appearance to the height and general appearance of the accused. unaided by any form of opinion evidence, these limited conclusions could be drawn by a jury .
it will be necessary to enact consequential provisions to facilitate the reception of evidence of records not kept in words or figures, by allowing an explanation to be tendered in evidence. this has been done in new south wales by section 14cn (1) (c) of their evidence act which provides: -
[ 114 ] my decision with respect to the admission of the evidence of dr sutisno was based upon both her report and evidence given in the absence of the jury. in evidence before the jury, dr sutisno provided greater detail of the work she undertook in arriving at her opinion. in particular, the evidence demonstrated the significance of dr sutisno’s expertise and experience in assessing the existence and significance of various characteristics both individually and in their combination. having heard dr sutisno give evidence before the jury, i remained of the view that her evidence was admissible and should not be excluded in the exercise of my discretion .
for anthony page, the original director of inadmissible evidence, osborne joined writers such as eugene o' neill and franz kafka in finding something universal out of an unsparing exploration of themselves .
the play creates its own rules ,
page believes .
it' s a dramatic poem about a man' s measure – the' quintessence of dust', the heroic aspiration, passion and fierce irony, and the guilt, weakness and shabby reality .
or has not made a will, or has or has not revoked his will, or that identifies his will, is not made inadmissible by the hearsay rule”. the federal rules of evidence (1978) at rule 803 (3) while providing that a statement of memory or belief is not generally admissible to prove the fact remembered or believed excepts from this rule a statement which “relates to the execution, revocation, identification, or terms of declarant' s will” .
a treatise on the anglo - american system of evidence, para. 1477 (3rd ed .) .
the judge should have discretion to admit depositions, evidence taken on commission and statements on affidavit where the importance of the evidence does not justify the expense of bringing a witness to court. [ pp. 37–8 ]
amongst other issues, auker argued that the comparison evidence of the video images should not have been admitted .
rule that cross - examination with reference to inadmissible evidence is not allowed but it entails the disadvantage for the cross - examiner that the material cross - examined upon becomes evidence at the option of the side calling the witness. if all previous statements of witnesses are admissible there is no reason why a witness should not be cross - examined on any such statement even if he does not refresh his memory from it. but where memory is refreshed from the statement of another, it is considered that cross - examination should not be allowed from parts of it other than those from which the witness refreshes his memory unless these are admissible in evidence in their own right as out - of - court statements .
notwithstanding subsection (4), in any civil proceedings the court may for special cause require oral evidence to be given of any matter of which evidence could ordinarily be given by means of a certificate under that subsection .
[ 12 ] ms lees' attention was drawn to a cap on the person visible in the enhanced film. asked whether there was anything in the cap which assisted her recollection, ms lees answered “yes, it’s got a motif on the front, a motif”. as to what was significant about the motif, ms lees responded “the man also had a black cap and it had some kind of motif on the front. ”
the most simple solution would be to retain the present rule but to give the court a discretion to admit otherwise inadmissible hearsay evidence. this approach was adopted to some extent in the federal rules of evidence in the united states. 27 these rules contain two groups of exceptions to a general prohibition of hearsay. the first group, comprising 23 exceptions, apply even though the maker of the hearsay statement is available as a witness. the second group, comprising 4 exceptions, apply only where the maker of the hearsay statement is not available as a witness. both groups conclude with an omnibus exception as follows :
the statement in that part of the document is admissible in its own right as evidence of the facts therein .
the evidence act (northern ireland) 1939 which followed a similar act of the previous year in england was largely repealed by section 15 (2) of the civil evidence act (northern ireland) 1971. section 5 which has survived and which has no counterpart in the english act made the following provision for evidence on affidavit: -
the difference between the new south wales law reform commission proposal and the english civil evidence act 1968 is illustrated by a case where c, having overheard a telling b the number of a car, writes the number down, and a, b and c die. this would be inadmissible in england because it is second - hand oral hearsay but would be admissible as documentary hearsay of' the second kind' under the new south wales proposal. in support of the latter it was argued as follows :
[ 79 ] ms mcphail did not know the accused well. she spoke of the person in the image as “very familiar” to the person she met on the side of the road. she relied upon the slightly rolled forward shoulders and her observations over a short time that the accused had a habit of holding his thumb in his jeans or belt. in my opinion, given ms mcphail’s limited opportunities of observation, her evidence would not be of assistance to the jury and is, therefore, inadmissible .
the new south wales law reform commission recommended a provision making admissible an out - of - court statement not objected to. but they included in the draft bill annexed to their report a sub - section saving the existing situation in criminal cases whereby an unrepresented accused person who does not object may still appeal against the admission of inadmissible evidence, and a represented accused person may do so in some circumstances. (report on the rule against hearsay (1978) p. 179, bill, section 89. )
reference has been made to the rule by which declarations to be inferred from family conduct, are admissible as evidence of pedigree. 237a a pedigree hung up in a family mansion is good evidence even if the person who made it
“... . it must at all times be made clear to the jury that what the witness said in the written statement [ to the police ] is not evidence of the fact referred to but is only evidence on the question of whether or not she said something else – it is evidence going only to her credibility. ” 90
[ 55 ] although the objection to the admissibility of the evidence was not renewed following the evidence of professor spring, i gave further consideration to the question of admissibility and discretionary exclusion. following that further consideration i remained of the view that the evidence was admissible and should not be excluded in the exercise of my discretion. ultimately the question of the weight to be given to the evidence in view of the opinions of dr spring was a matter for the jury.
inadmissible evidence is a 1968 british drama film directed by anthony page and starring nicol williamson , eleanor fazan and jill bennett . john osborne wrote the screenplay , adapting his own 1964 play inadmissible evidence . nicol williamson sings two songs in the film : " room 504 " and " moonlight becomes you . " 
inadmissible evidence is a 1968 british drama film directed by anthony page and starring nicol williamson, eleanor fazan and jill bennett. john osborne wrote the screenplay, adapting his own 1964 play inadmissible evidence. nicol williamson sings two songs in the film: " room 504 " and " moonlight becomes you. "
inadmissible evidence is a 1968 british drama film directed by anthony page and starring nicol williamson, eleanor fazan and jill bennett. john osborne wrote the screenplay, adapting his own 1964 play inadmissible evidence. nicol williamson sings two songs in the film: " room 504 " and " moonlight becomes you. "