Rules of Evidence

Past Judgments and Convictions

Exclusion of Evidence of Past Judgments and Convictions

Section 91 prohibits the admission of evidence of a past court decision, or or similar kinds of decisions as to facts, to prove the factuality of a point in issue in the current proceedings. So, for example, the mere fact that a person has been found guilty of a criminal trespass offence,  does not mean that they stand liable automatically when sued for the equivalent tort of trespass. The underlying facts, though all ready proven, need to be proven all over again in the subsequent civil trial. Likewise, if a person has been found liable for breach of contract, the existence of that finding cannot be used against them in a subsequent trial for some other fraud or contractual breach....

 

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