This unit covers the Priestly 11 requirements in respect to understanding the law governing the admissibility of evidence in civil and criminal proceedings. Students will gain an understanding the law governing the admissibility of evidence in civil and criminal proceedings.
Topics examined in this unit include:
- Introduction.
- Competence and compellability.
- Privilege.
- The examination of witnesses.
- Disposition and character.
- Similar fact evidence.
- The accused as a witness.
- Burden and standard of proof.
- Documentary evidence.
- Opinion evidence and prior determination.
- Hearsay:
- the exclusionary rule
- the common law and statutory exceptions.
- Admissions and confessions in criminal cases
- Illegally obtained evidence and confirmation by subsequent fact.
- Res gestae.
- Corroboration
Unit Information
Prescribed Text - UNIFORM EVIDENCE LAW
Recommended Text - UNIFORM EVIDENCE LAW IN AUSTRALIA
FURTHER READING - CROSS ON EVIDENCE 10TH EDITION
ALL OTHER ITEMS ARE DISCRETIONARY
