11. Advantage And you can Privacy
242 This new different standards from evidence perform exactly what the Payment observes since the an insuperable burden so you can admitting civil judgments in criminal process. So you can admit a municipal view during the a violent continuing would allow a judge, which have to if you don’t act simply towards the proof beyond sensible doubt, to simply accept results come to on the equilibrium regarding odds. Thus the law Fee cannot suggest a guideline making municipal judgments admissible into the criminal procedures.
243 One or two portion in which municipal judgments had been aren’t admissible was results out-of adultery when you look at the matrimonial procedures and you can results out-of paternity. Because the The newest Zealand is now offering a “no-fault” policy on the former (s 39(1) of your own Loved ones Legal proceeding Operate 1980), it is off no further concern right here. However, proof of early in the day conclusions off paternity are acknowledge below s 8(3) of one’s Condition of children Operate 1969, eg, but not as the definitive research.
244 When you look at the civil proceedings in general, in the event the the people therefore the procedure are exactly the same, both limbs of one’s philosophy out of res judicata, “factor in step estoppel” and you may “question estoppel” often regulate, to your influence one neither the action neither the trouble is getting re also-litigated. What the law states Payment proposes to preserve an average legislation within these matters. (more…)