NSW Video evidence

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Adam1user

Well-Known Member
5 January 2018
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Does video evidence have to dated and timestamped to be admissable.
I am not a lawyer nor had any experience but I would think it needs so it can identify the time and date, unless there is something else that can provide good indication about the the time and date, I maybe wrong, I'm sure a lawyer would provide more info.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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I am not a lawyer nor had any experience...........
Then why even post?


The short answer is... "No, not always".

The slightly longer answer is...

"If you mean something like
'Does it have to have a running clock in the corner of the screen?',
then no, it doesn't always have to have that.

However, in order for the video to be given much (or any) weight as evidence,
then, depending on the nature of the case, and what you're trying to prove with it,
you may need more than the mere File Properties (which are easily manipulated)
to support any claim that the footage depicts what you claim it does, at the time and date it does."
 

Jaywoo220

Well-Known Member
11 November 2019
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For example, a persons voice is heard yelling and a glass is videoed smashing. The person is not seen on the video. The video is not timestamped.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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For example, a persons voice is heard yelling and a glass is videoed smashing. The person is not seen on the video. The video is not timestamped.
Timestamp or no, that's worth basically nothing.
 

Jaywoo220

Well-Known Member
11 November 2019
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1
289
Just to clarify yelling. Video shows:

Woman 1 holding camera walks out 12 steps from driveway towards road still in their property camera facing and showing face.

Women 2, does not show her but next to woman 1 as voice crystal clear, yelling allegedly falsing accusing male of hitting car.

Unseen male voice not within 30metres of camera: "I will wait for them actually."

Women 2 voice yelling: "Good sit down and wait."

Unseen male voice: "They wont do s**t. Tell the cops you are a ******* dirty s**t."

Women 2 yelling "Yeah and that is why you are going to jail boyfriend."

5 seconds approx. later video then shows road and noise of bottle bounce and smash 10 metres from women on the road.

No male is seen on camera. No injuries.

Charge is two * assault for above. Other charge damage property based on false statements made about hitting car to police.

Aleegedly, before incident womens 2 son had thrown canned item on males house roof.

Does that change people views on value of video evidence?

Thanks in advance for discussion and views.
 

Tim W

Lawyer
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28 April 2014
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I think you'll find that no lawyer here will speculate (beyond what we've already said) on footage they have not seen.
 

Tim W

Lawyer
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If you want a detailed analysis of the material, and
fully considered advice on its potential probative value and admissibility,
then feel free to contact my office for an appointment.
Kindly note that I will do so in the context of your larger complaint,
and charge you professional fees for this work, which I will not discount.