Evidence – Convictions – Where deceased convicted of sexual abuse of first respondent – Where first respondent sought damages from deceased's estate – Where first respondent unrepresented – Where estate denied deceased abused first respondent – Where primary judge not satisfied first respondent abused by deceased and dismissed first respondent's claim – Where Court of Appeal held primary judge erroneously disregarded convictions – Where Court of Appeal proceeded "as if" certificate of conviction tendered under s 178 of Evidence Act 1995 (NSW) – Where Court of Appeal accepted deceased abused first respondent – Whether primary judge had obligation to ensure unrepresented first respondent claimed rights or put forward legal arguments – Whether primary judge erred in disregarding deceased's convictions as evidence of abuse – Whether s 92(2) exception to s 91(1) of Evidence Act applied to evidence of deceased's convictions – Whether Court of Appeal erred in resolving appeal "as if" certificate of conviction tendered.
Words and phrases – "admissibility", "certificate of conviction", "convictions", "credibility findings", "damages", "effective choice", "elements of the offence", "evidence", "evidential burden", "evidentiary onus", "evidentiary pathway", "fail to claim rights or put forward legal arguments", "fair hearing", "finally determined", "finding of fact", "high probative value", "indecent assault", "issue estoppel", "lack of legal skill", "legal onus of proof", "loss", "negligence", "new trial", "person through or under whom", "positively misled", "prima facie evidence", "privy in interest", "probative value", "procedural fairness", "proof of a conviction", "proof of a fact that was in issue", "rape", "real review of the trial", "record of the trial", "rehearing", "sexual abuse", "unrepresented litigants".
Evidence Act 1995 (NSW), ss 91, 92, 178.
Supreme Court Act 1970 (NSW), s 75A.