Law of Evidence Case Study Example | Topics and Well Written Essays - 3250 words

Law of Evidence - Case Study Example The facts in issues are those facts which are used to determine the guilt of the defendant. In the case of Pollitt v, R Brennan J held that† The first condition of admissibility of evidence is relevance. In that apart from questions relating to the credibility of a witness, a fact which evidence is tendered to prove must be a fact in issue or a fact that is relevant to a fact in issue. Where a fact to be proved is a fact in issue, admissibility of evidence tendered to prove it depends solely on the manner in which that evidence tends to establish the fact to be proved. Where a fact to be proved is a fact relevant to a fact in issue, admissibility depends first on the manner in which that evidence tends to establish the fact to be proved, and, secondly, on the relevance of the fact to be proved to a fact in issue .† In the case of PC Story providing the phone call as evidence was intended to prove that the defendant was guilty of the offense of controlling another person w ith the intention of getting financial gain. The mere fact that the evidence was correct without any authority or warrant made the evidence irrelevant and could not be used to establish the facts in issue in the case. The laptop, the stash of condoms and the $5,000 would be admissible in court as they obtained while the police officers obtained a warrant of to search the premises. However, even though such evidence is admissible in court, the court must still determine the weight in which the evidence should be given in relation the amount of significance.