Queensland Bar Exam Evidence Practice Questions - Queensland Bar Examination - Evidence Paper Exam

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At a trial in the District Court of Queensland, counsel seeks to tender a photograph that has no connection to any fact in issue but which the witness found interesting. On what basis is the photograph inadmissible?

It is opinion evidence that does not satisfy the basis rule in Makita v Sprowles. It is hearsay, because a photograph is a record made out of court. It is irrelevant, because it does not rationally bear upon the probability of a fact in issue and so fails the threshold common-law test of relevance. It is privileged real evidence and must be excluded under the Christie discretion.

Correct Answer:

It is irrelevant, because it does not rationally bear upon the probability of a fact in issue and so fails the threshold common-law test of relevance.

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