LAW212 Evidence Law (8)

This subject introduces students to the practical and theoretical knowledge required for aspects of evidence and procedure within the criminal justice system in New South Wales. It explores the major evidential and procedural issues involved in underpinning the prosecution of criminal matters, including the rules governing the admissibility of evidence. The Evidence Acts 1995 (NSW) and (Cth) form the backbone of the subject.

Subject Outlines
Current CSU students can view Subject Outlines for recent sessions. Please note that Subject Outlines and assessment tasks are updated each session.


* Offering has a residential school. Please view following information for further details.

Session 1 (30)
Online *
Bathurst Campus

Continuing students should consult the SAL for current offering details: LAW212. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System



One session


Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws students only.

Assumed Knowledge


Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to evaluate the historical, social, political, and ethical factors that impact upon the contemporary adversarial system
  • be able to evaluate and discuss the interaction of evidence law and substantive criminal law
  • be able to demonstrate an in-depth understanding of the major principles of evidence as they apply in the state of New South Wales
  • be able to apply rules of evidence, and standards of admissibility, in order to resolve problem-based scenarios
  • be able to demonstrate critical awareness of the problems associated with the imposition of the rules of admissibility of evidence
  • be able to analyse and synthesise relevant factual, legal and policy issues relating to evidence
  • be able to evaluate critically the function of judicial discretion within the context of the NSW adversarial system
  • be able to demonstrate an understanding of the impact of public policy reform and developments in international law on evidentiary law within NSW


This subject will cover the following topics:
  • Proof, presumptions and inferences
  • Competence and compellability of witnesses
  • Oaths and affirmations
  • Relevance
  • The course of the criminal trial
  • Adducing evidence in court, including cross-examination and re-examination of witnesses, and real and documentary examination
  • The accused as a witness, and their right of silence
  • Admissibility of evidence
  • Privilege
  • Credibility evidence
  • Hearsay and the common law and statutory exceptions
  • 'Res gestae'
  • Opinion evidence
  • Tendency and coincidence evidence
  • Character evidence
  • Admissions and confession in criminal cases
  • Corroboration
  • Illegally or improperly obtained evidence
  • Judicial discretion
  • Judicial warnings and other judicial comments

Residential School

This subject contains a 2 day Optional Residential School.

The 2-day residential school for this subject is optional. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.


Current Students

For any enquiries about subject selection or course structure please contact Student Central or or phone on 1800 275 278.

Prospective Students

For further information about Charles Sturt University, or this course offering, please contact info.csu on 1800 275 278 (free call within Australia) or enquire online.

The information contained in the 2018 CSU Handbook was accurate at the date of publication: August 2018. The University reserves the right to vary the information at any time without notice.