Osborne v Butler

(2024) 73 VR 386; [2024] VSCA 6

Victorian Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Judgments and convictions
3. › Admissibility of prior criminal conviction in subsequent civil proceeding
4. › Uses to which conviction can be put
5. › Whether conviction conclusive or prima facie evidence
6. › Evidentiary onus on convicted party to rebut
7. › Right to contest underlying facts
8. › Evidence Act 2008 (Vic), ss 91, 92
1. Evidence
2. › Judgments and convictions
3. › Scope of exception in s 92(2)
4. › Whether exception extends to sentencing remarks, reasons for judgment or evidence given in criminal proceeding
5. › Evidence Act 2008 (Vic), ss 91, 92, 178
1. Practice and Procedure
2. › Fair trial
3. › Self-represented litigant
4. › Whether trial judge erred in precluding cross-examination and evidence directed to contesting facts underlying criminal conviction

Quick Take

In civil proceedings, a defendant's prior criminal conviction is prima facie evidence only under s 92(2); the convicted party retains the right to contest the underlying facts by cross-examination and calling evidence, and a trial judge cannot treat the conviction as conclusive or confine the trial to damages.