Current issues in evidence
Associate Professor Sue McNicol
One 2-hour seminar per week over 13 weeks * First semester * City
Objectives On completion of this subject students 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 principles 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 admissions, illegally obtained evidence, corroboration, identification, non-testimonial evidence and similar fact evidence
Assessment Written research assignment (4000 words): 45% * Class participation: 10% * Take home examination: 45%
Texts
McNicol S and Mortimer D Evidence Butterworths, 1996
McNicol S Current issues in evidence 1997: Supplementary materials
Evidence Act 1995 (Cth)
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