Evidence Law

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Abstract

This subject introduces students to the practical and theoretical knowledge required for aspects of evidence and procedure within the criminal justice system in New South Wales. It explores the major evidential and procedural issues involved in underpinning the prosecution of criminal matters, including the rules governing the admissibility of evidence. … For more content click the Read More button below.

This subject introduces students to the practical and theoretical knowledge required for aspects of evidence and procedure within the criminal justice system in New South Wales. It explores the major evidential and procedural issues involved in underpinning the prosecution of criminal matters, including the rules governing the admissibility of evidence. The Evidence Act 1995 (NSW) and the Uniform Evidence Law form the backbone of the subject.

Syllabus

Proof, presumptions and inferencesCompetence and compellability of witnessesOaths and affirmationsRelevanceThe course of the criminal trialAdducing evidence in court, including cross-examination and re-examination of witnesses, and real and documentary examinationThe accused as a witness, and their right of silenceAdmissibility of evidencePrivilegeCredibility evidenceHearsay and the common law and statutory exceptions'Res gestae'Opinion evidenceTendency … For more content click the Read More button below.

Proof, presumptions and inferences
Competence and compellability of witnesses
Oaths and affirmations
Relevance
The course of the criminal trial
Adducing evidence in court, including cross-examination and re-examination of witnesses, and real and documentary examination
The accused as a witness, and their right of silence
Admissibility of evidence
Privilege
Credibility evidence
Hearsay and the common law and statutory exceptions
'Res gestae'
Opinion evidence
Tendency and coincidence evidence
Character evidence
Admissions and confession in criminal cases
Corroboration
Illegally or improperly obtained evidence
Judicial discretion
Judicial warnings and other judicial comments

Learning outcomes

Upon successful completion of this subject, students should:

be able to evaluate the historical, social, political, and ethical factors that impact upon the contemporary adversarial system

be able to evaluate and discuss the interaction of evidence law and substantive criminal law

be able to demonstrate an in-depth understanding of the major principles of evidence as they apply in the state of New South Wales

be able to apply rules of evidence, and standards of admissibility, in order to resolve problem-based scenarios

be able to demonstrate critical awareness of the problems associated with the imposition of the rules of admissibility of evidence

be able to analyse and synthesise relevant factual, legal and policy issues relating to evidence

be able to evaluate critically the function of judicial discretion within the context of the NSW adversarial system

be able to demonstrate an understanding of the impact of public policy reform and developments in international law on evidentiary law within NSW

Enrolment restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Pre-requisite

Learning activities

LAW212