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 Act 1995 (NSW) and the Uniform Evidence Law form the backbone of the subject.

Availability

* 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

HD/FL

Duration

One session

School

Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Prerequisites

LAW112 and LAW116

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

Syllabus

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

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW212 in Session 1 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Online quiz 1
10
2
Online quiz 2
10
3
Case analysis
40
4
Final exam
40

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.

The information contained in the CSU Handbook was accurate at the date of publication: July 2020. The University reserves the right to vary the information at any time without notice.

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