Authorised by Academic Registrar, April 1996
Objectives On completion of this subject should (1) understand the theoretical and practical obstacles to judicial proof of selected issues; (2) be able to identify, comprehend and discuss concepts of relevance, admissibility, probative value, prejudicial risk and facts in issue; (3) be equipped to undertake an analysis of a multi-issued problem, to identify relevant issues and to apply and comprehend exclusionary rules of evidence; and (4) be able to critically analyse the underlying issues in the adversary system of the disciplinary protective and reliability principle and the concept of a fair trial.
Synopsis The subject will involve analysis, from a theoretical and practical perspective, of at least six areas of current interest in evidence law: relevance, competence and compellability, privilege, disposition, sworn evidence of the accused, hearsay and implied assertions, res gestae, confessions and admission, illegally obtained evidence, corroboration, identification, non-testimonial evidence and similar fact evidence
Assessment Written research assignment (4000 words): 40% + Class participation: 10% + Take home examination: 50%