LAW7040

Current issues in evidence

Associate Professor Sue McNicol and Justice Vincent

Intensive over eight weeks
* Second 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 analyse critically 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 drawn from the following list: 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. In 1998, a major theme of the course will be the law of privilege: in particular recent changes at common law and under statute to the doctrine of legal professional privilege and the doctrine of waiver of privilege. Further, the 1998 course will focus on the Commonwealth government's codification of the law of evidence for use in Federal Courts.

Assessment Class participation: 10%
* Written research assignment (4000 words): 40%
* Take-home examination: 50%

Texts

Printed materials will be issued to students.
McNicol S and Mortimer D Evidence Butterworths, 1996
McNicol S Current issues in evidence 1998
Evidence Act 1995 (Cth)