SA Prior Convictions Inadmissible in Criminal Trial?

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katie123

Member
14 August 2018
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Where in the Constitution does it state that prior convictions are inadmissible in a criminal trial?
 

Rod

Lawyer
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27 May 2014
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It doesn't.

What is the purpose of your query?

And is this a Cth or State (SA) based criminal trial? Each State, and the Cth, have their own laws regarding what is admissible in court.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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You’d be looking into the particular evidence act for the jurisdiction you’re dealing with. Look for words like tendency and past conduct.
 

DMLegal

Well-Known Member
28 May 2018
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If it is South Australia you’re referring to it is in the Evidence Act 1929 s 34P - Evidence of discreditable conduct. Note however that there are exceptions and it is quite a tricky area.
 

Bill Murray

Well-Known Member
6 June 2018
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Past history is one of the most confusing parts of Evidence. I have a very basic understanding of it but unless you are a lawyer you are never going to understand the nuances of when and how past history can be introduced.