Queensland Evidence Bar Practice Exam 2025 – Your All-in-One Guide to Exam Success!

Question: 1 / 400

According to EAC 137, what pertains to exclusion of prejudicial evidence in criminal proceedings?

It allows all evidence regardless of prejudice

Derivation from common law Christie direction

The focus on the exclusion of prejudicial evidence in criminal proceedings under the EAC 137 indeed relates to the derivation from the common law Christie direction. This principle emphasizes that in criminal trials, evidence that is considered prejudicial must be carefully scrutinized to ensure that the accused receives a fair trial. The Christie direction, originating from case law, establishes that evidence should be excluded if its prejudicial effect outweighs its probative value.

In this context, the law seeks to prevent any evidence that could lead a jury to make decisions based on emotion or bias rather than facts relevant to the case. This safeguarding mechanism is crucial in maintaining the integrity of criminal justice proceedings and upholding the right to a fair trial. Hence, the correct answer highlights the important relationship between EAC 137 and the established common law principles governing the treatment of prejudicial evidence.

Unlike the incorrect choices, which misplace the applicability or the rationale behind the exclusion of prejudicial evidence, this option accurately emphasizes the legal foundation and practical implications of the guidelines set forth in EAC 137 as they relate to the common law.

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It is only pertinent in civil trials

It does not allow for any exceptions

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