Cannot admit the label to prove when/where the video was taken - hearsay. Consider SA exceptions for documents. Is this a business record? ACT: S70 CEA
Cannot admit the label to prove when/where the video was taken - hearsay. Consider SA exceptions for documents. Is this a business record? ACT: S70 CEA.
Videotape contains relevant images which can be tendered - played to the court: cf Butera - if it can be authenticated. ACT - Whilst the video is a document under s 48 (see dictionary definition), and s 48 allows tender in other forms (following abolition of the best evidence rule by s 51) the CEA does not do away with the need for authentication (s 57 and NAB v Rusu). Only witness of whom we are aware who can formally authenticate the video is D but they cannot be called (an accused cannot be compelled by prosecution to testify – s 17). Might be able to wait and see if D testifies then seek to authenticate in XXE. Otherwise would need some evidence of the origin of the tape through V’s testimony (she might be able to identify the images which occurred before she fell unconscious) or other testimony about the whereabouts of the video camera etc and some expert evidence about the tapes authenticity. Situation the same in SA at common law.
