Evidence

Overview

This unit enables students, through the study of cases, statutes and other material, to acquire a comprehensive knowledge and understanding of, and competence in, the law of evidence. This unit introduces students to the law governing the collection and use of information that can be placed before courts and other tribunals when they are hearing criminal cases, or adjudicating civil disputes. It also examines the rationale for the rules that comprise the law of evidence and the values they represent. The focus of the unit is the Victorian Evidence Act 2008 which provides a law of evidence that is uniform with the law of the territories, the Commonwealth and NSW.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Describe and evaluate the law of evidence and related policy debates and reform proposals
2. Locate and interpret legislation relevant to the law of evidence
3. Apply the law of evidence to factual situations and effectively advise clients and others or their evidentiary position
4. Conduct research relating to the law of evidence and procedure and use the results of that research

Teaching methods

Hawthorn

Assessment

Content

• The nature of and purpose of the law of evidence
• The competence and compellability of witnesses and their examination
• Adducing evidence including examination in chief and cross examination
• The accused as a witness
• Character and credibility
• Burden and standard of proof
• Res gestae
• Privilege
• Illegally obtained evidence
• Judicial discretions to exclude evidence
• Admissibility of evidence including relevance, opinion evidence, documentary evidence, identification evidence, corroboration and similar fact evidence
• Admissions and confessions
• Hearsay rule and exceptions