LAW5204

Evidence 512

Associate Professor S McNicol

12 points - Three 1-hour lectures per week - Full-year subject - Clayton

Objectives The broad objectives are (1) to develop an understanding of the general principles and purposes of the law of evidence through a study of a variety of exclusionary rules of evidence; (2) to identify historical and contemporary issues and problems surrounding the rules and principles which govern the proof of facts in issue; and (3) to provide an understanding of the general principles of freedom of proof, relevance and admissibility as a context for the study of the obstructive and exclusionary rules of evidence which impede both the freedom of proof and the ascertainment of truth in civil and criminal trials. In relation to the theories of evidence, the objectives are (1) to enable students to develop a coherent theory of the law of evidence in civil and criminal trials; and (2) to introduce students to a variety of theoretical and other perspectives on the principles governing the proof of facts in issue and the exclusion of specific items of evidence from a court. In relation to the acquisition of legal skills, the objectives are (1) to enable students to isolate principles which are fundamental to the criminal process and the conduct of fair trials in the accusatorial system and (2) to enable students to acquire competence in the skills of legal research, problem solving, analysis and written communication.

Synopsis Rules and principles governing the proof of facts in civil and criminal trials. Relevance and admissibility. Kinds of evidence. Competence and compellability. Privilege. Examination of witnesses. Disposition and character. Similar fact evidence. Options of the accused (sworn evidence or silence). Hearsay. Res gestae. Exceptions to the hearsay rule. Confessions and admissions. Illegally obtained evidence. Corroboration. Identification. Opinion evidence. Real evidence.

Assessment Class test: 30% - Final examination: 70%

Texts

McNicol S and Mortimer D Evidence (Butterworths Tutorial Series) Butterworths, 1996
McNicol S Evidence 1999: Supplementary materials
Waight P and Williams C R Evidence: Commentary and materials 5th edn, Law Book, 1998
Crimes Act 1958 (Vic.) (as amended)
Evidence Act 1958 (Vic.) (as amended)

Back to the 1999 Law Handbook