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11. Judgments and Convictions
http://www.studentatlaw.com/articles/145/1/11-Judgments-and-Convictions/Page1.html
By Student at Law
Published on 22/07/2007
 

11. Judgments and Convictions
(Civil and Criminal) Findings of Fact in other Cases
s91
(1)    Evidence of the decision, or a finding of fact in an Australian or overseas proceeding is not admissible to prove the existence of a fact that was in issue in that proceeding.
(2)    Evidence that is not admissible to prove the existence of a fact may not be used to prove that fact even if it is relevant for another purpose.

•    s91 of EA does not allow a past conviction to be put into evidence, you have to bring all the evidence back into court again, since it is only the opinion of the jury at that time  a finding of fact from a previous case cannot be used to establish that fact in the current case.

Convictions, Acquittals and Other Judicial Proceedings
s178
(1)    This section applies to:
(a)    convictions/acquittals
(b)    sentencing of a person to punishment or pecuniary penalty
(c)    court orders
(d)    pending proceedings – civil or criminal.
(2)    Evidence of any of the above facts may be given by a certificate from a judge or other court officer with details of:
(a)    particulars e.g showing the fact as a conviction/acquittal/sentence/order etc
(b)    the time and place of the fact; and
(c)    the applicable court.
(3)    A certificate containing a conviction/acquittal is evidence of the particular offence or matters in question.
(4)    A certificate for pending proceedings is evidence of the nature of proceedings etc.
(5)    A certificate is evidence of all matters contained in it.
(6)    Definitions of acquittal and applicable court.

Certificates may be admitted in proceedings as evidence of the facts contained. It describes the ways in which evidence is given and with Section 23 operates as an exception to the hearsay rule.