Exclusionary Provisions in the UEL
Publication Date 15 Jul 2015
Overviewâ€œChhabra has crafted a very practical book to help practitioners navigate through the ... exclusionary provisions ... The book provide(s) guidance to the interpretations and clarifications that have been made. This is not a book to be left on the shelf. This is a book to be kept on the desk and carried to court, to be referred to and highlighted and digested.â€Â - The Hon RO Blanch AM QC, former Justice of the Supreme Court of NSW and former Chief Judge of the District Court of NSW,Â in the Foreword to the book. â€œThe importance of this text cannot be overstated â€“ especially for practitioners working with witnesses and defendants who do not have English as a first languageâ€¦It should be a daily addition to (every) court bag and be on the bar table in any contested hearing.â€Â â€“ Isabella Maxwell-Williams, Summary Prosecutor â€“ DPP, inÂ Balance, January 2016, NT Law Society Â Exclusionary Provisions in the Uniform Evidence LawÂ Â by Arjun Chhabra is a breakthrough work focusing on a core aspect of the Uniform Evidence Law. By thoroughly examining the major exclusionary provisions this work is relevant to each evidentiary proceeding in Federal, ACT, NSW, NT, Tasmanian and Victorian courts. The evidence that is admitted during a proceeding will ultimately determine its outcome. The ability to exclude evidence, and the opposing partyâ€™s ability to resist exclusion, is therefore critical. The provisions considered are: section 84 Exclusion of admissions influenced by violence and certain other conduct;Â section 85 Criminal proceedings: reliability of admissions byÂ defendants; section 90Â Discretion to exclude admissions; section 135Â General discretion to exclude evidence; section 136Â General discretion to limit use of evidence; section 137Â Exclusion of prejudicial evidence in criminal proceedings; section 138Â Exclusion of improperly or illegally obtained evidence; and section 139Â Cautioning of persons. Chhabra dedicates a chapter to each exclusionary provision, analysing the language and leading cases in detail. Each chapter concludes with a helpful summary of facts and legal principles from instructive decisions. These provisions are routinely invoked by lawyers in both civil and criminal matters. When considering an application to exclude evidence under the provisions considered, the courts must make an evaluative judgment â€“ providing fertile ground for legal argument. Exclusionary Provisions in the Uniform Evidence LawÂ is a clear and engaging text which equips the reader with a proficiency not obtainable from other evidence texts. It is sure to become the authority on this critical element of the Uniform Evidence Law. AUTHOR Arjun Chhabra is a criminal defence Solicitor-Advocate at the Sydney office of the Aboriginal Legal Service (NSW/ACT) Limited, having previously held positions in their Central Western NSW and South Coast offices. He has also worked in private practice focusing on complex crime. Prior to becoming a criminal lawyer, Chhabra practiced as a corporate and taxation solicitor in Australia, Asia-Pacific and the Middle East, as well as an investment banker in East Africa. He was formerly Associate to the Honourable Justice R.O. Blanch of the Supreme Court and Chief Judge of the District Court of New South Wales. Chhabra has published numerous papers on the criminal law and has presented at several legal conferences. He has also lectured at Charles Sturt University as part of the Bachelor of Justice Studies (Policing) degree, focusing on police powers and criminal sentencing. Chhabra will join the NSW Bar in September 2015, reading at Maurice Byers Chambers.