Please use this identifier to cite or link to this item:
Type: Journal article
Title: The Difference between ss 84 and 85 of the Uniform Evidence Acts
Author: Taylor, G.D.
Citation: Australian Law Journal, 2019; 93(1):53-66
Publisher: Thomson Reuters
Issue Date: 2019
ISSN: 0004-9611
Statement of
Greg Taylor
Abstract: This essay provides a principled differentiation between ss 84 and 85 of the uniform evidence legislation. At present their respective functions are unclear, the drafting is merely “good in parts” and there is much overlap within and between the sections. Therefore their application is more difficult than it needs to be because it is not clear how they relate to each other. Clarification will be of use to practitioners, Judges, students, teachers and reformers of the law. The essential difference is that s 84 deontologically serves the protection of the suspect’s basic rights, while s 85 teleologically aims at the rejection of admissions which might well be unreliable and thus at an assurance that poor-quality evidence is not adduced. A side-effect of this difference is that s 84 typically requires some type of positive action by those in authority, while s 85 does not.
Description: (2019) 93 ALJ 53
Rights: © 2019 Thomson Reuters. All rights reserved.
Published version:
Appears in Collections:Aurora harvest 3
Law publications

Files in This Item:
File Description SizeFormat 
hdl_135993.pdfAccepted version1.03 MBAdobe PDFView/Open

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.