Victorian Current Acts

EVIDENCE ACT 2008 - SECT 57

    (1)     If the determination of the question whether evidence adduced by a party is relevant depends on the court making another finding (including a finding that the evidence is what the party claims it to be), the court may find that the evidence is relevant—

        (a)     if it is reasonably open to make that finding; or

        (b)     subject to further evidence being admitted at a later stage of the proceeding that will make it reasonably open to make that finding.

S. 57(2) amended by No. 63/2014 s. 7(12).

    (2)     Without limiting subsection (1), if the relevance of evidence of an act done by a person depends on the court making a finding that the person and one or more other persons had, or were acting in furtherance of, a common purpose (whether to effect an unlawful conspiracy or as part of involvement in the commission of an offence or otherwise), the court may use the evidence itself in determining whether the common purpose existed.

Notes

1     Subsection (2) differs from section 57(2) of the Commonwealth Act and New South Wales Act.

2     Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in commission of offences.