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  2. Evidence [LAW3106]

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Evidence

  • Unit Code

    LAW3106

  • Year

    2015

  • Enrolment Period

    1

  • Version

    1

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit examines the law of evidence in Western Australia, examining provisions of the Western Australian Evidence Act 1906 and the Commonwealth Evidence Act 1995. Students will be introduced to the rules relating to relevant and admissible evidence as a means to resolve facts and issues at trial. The unit will examine the rules relating to the competence and compellability of witnesses, the rule against hearsay, similar fact evidence, and the right against self-incrimination. Particular focus on the fairness of adversarial litigation and reforms to substantive evidence will be given.

Prerequisite Rule

Students must pass 1 units from LAW1214

Students must pass 1 unit from LAW1214

Equivalent Rule

Unit was previously coded LAW560F, LAW5705

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply the main Rules of Evidence as found in the Evidence Act (WA) 1906 and the Evidence Act (Cth) 1995.
  2. Describe the course of evidence in a trial including the meaning of the voir dire, evidence in chief, cross examination, "re-examination, addresses and the roles of the various participants.
  3. Differentiate between the law of evidence and the rules of natural justice as applied to tribunals.
  4. Discuss and give examples of the application of the doctrine of res gestae.
  5. Discuss competence and compellability of witnesses.
  6. Discuss the admissibility of confessions and admissions.
  7. Discuss the balance between probative value and prejudicial effect of evidence.
  8. Discuss the concepts of admissibility and relevance.
  9. Discuss the principles relating to similar fact and propensity evidence.
  10. Discuss the privilege against self incrimination.
  11. Discuss the rule against hearsay and the key exceptions to the rule.
  12. Discuss the rules relating to special witnesses (e.g. children, non-English speaking and the mentally impaired)
  13. Discuss the rules that apply to: oral evidence, documentary evidence and real evidence.
  14. Discuss the way in which improperly or unlawfully obtained evidence is dealt with.
  15. Explain the term 'opinion evidence'; and the principles relating to admissibility of expert evidence.
  16. Identify upon whom the burden and standard of proof, lies in specific cases.
  17. Understand the role of pre-trial hearings : admissibility, severance.
  18. Understand the use of prior inconsistent and consistent statements.

Unit Content

  1. Burden of proof and presumptions.
  2. Character and credibility.
  3. Character of the accused.
  4. Competence and compellability of witnesses.
  5. Confessions.
  6. Corroboration.
  7. Degrees of proof.
  8. Doctrine of Res Gestae.
  9. Examination-in-chief, cross-examination, re-examination.
  10. Facts which need not be proved by evidence.
  11. Identification evidence.
  12. Opinion evidence.
  13. Oral, documentaty and real evidence.
  14. Privilege.
  15. Rule against hearsay and exceptions to the rules.
  16. Similar Fact evidence.

Additional Learning Experience Information

This unit will be offered on-campus and off-campus. On-campus students have a class contact commitment of two hour lecture and one hour of tutorial per week.. Online students access the online learning environment in Blackboard. Regular online access is required. Students will require a headset with microphone for online participation and exercises.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment Major - problem based20%
Tutorial PresentationTutorials - participation 10%
PerformanceExamination of witnesses - Examinaton-in-chief/cross-examination10%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
AssignmentAssignment Major - problem based20%
ParticipationOnline tutorial participation10%
PerformanceExamination of witnesses - Examinaton-in-chief/cross-examination10%
ExaminationFinal examination60%

Text References

  • ^ Waight, P.K., & Williams, C.R. (2006). Evidence, commentary and materials (7th ed.). Sydney: Thomson Law Book Co.
  • ^ Evidence Act 1906 (WA). (latest reprint).
  • Waye, V. (1998). Evidence handbook (2nd ed.). North Ryde, NSW: Thomson Law Book Co.
  • Heydon, J.D. (2004). Cross on evidence (7th ed.). Sydney: Butterworths.
  • Hunter, Cameron., & Henning (2005). Litigation I & II, evidence and criminal process (7th ed.). Australia: Butterworths.
  • McNicol, S., & Mortimer, D. (2001). Evidence (2nd ed.). Sydney: Butterworths.
  • Criminal code (WA). (latest reprint).
  • Boniface, D. (2000). Evidence. Sydney: Butterworths.
  • Arenson, K., & Bagaric, M. (2002). Understanding evidence. Sydney: Butterworths.
  • Arenson, K., & Bagaric, M. (2001). A guide to evidence: Companion to the Thomson Law Book Co. casebook by Waight & Williams. Sydney: Thomson Law Book Co.

Website References

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3106|1|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Evidence

  • Unit Code

    LAW3106

  • Year

    2015

  • Enrolment Period

    2

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit examines the law of evidence in Western Australia, examining provisions of the Western Australian Evidence Act 1906 and the Commonwealth Evidence Act 1995. Students will be introduced to the rules relating to relevant and admissible evidence as a means to resolve facts and issues at trial. The unit will examine the rules relating to the competence and compellability of witnesses, the rule against hearsay, similar fact evidence, and the right against self-incrimination. Particular focus on the fairness of adversarial litigation and reforms to substantive evidence will be given.

Prerequisite Rule

Students must pass 1 units from LAW1214

Equivalent Rule

Unit was previously coded LAW560F, LAW5705

Learning Outcomes

On completion of this unit students should be able to:

  1. An understanding of the relationship between common law evidence and the Evidence Codes and their respective roles in the Australian legal system.
  2. Knowledge and understanding of the rules of evidence to enable them to identify factual and legal issues arising in factual scenarios.
  3. Effective competence in evidential problem solving, legal analysis, written and oral communications.
  4. Analytical and interpretive skills required for providing legal advice.
  5. Practical skills in presenting and challenging evidence in a trial context.
  6. The capacity to critically reflect upon the role of ethics and the obligations of Counsel in legal practice.

Unit Content

  1. Burden of proof and presumptions.
  2. Character and credibility.
  3. Character of the accused.
  4. Competence and compellability of witnesses.
  5. Confessions.
  6. Corroboration.
  7. Degrees of proof.
  8. Doctrine of Res Gestae.
  9. Examination-in-chief, cross-examination, re-examination.
  10. Facts which need not be proved by evidence.
  11. Identification evidence.
  12. Opinion evidence.
  13. Oral, documentary and real evidence.
  14. Privilege.
  15. Rule against hearsay and exceptions to the rules.
  16. Similar Fact evidence.

Additional Learning Experience Information

This unit will be offered on-campus and off-campus. On-campus students have a class contact commitment of two hour lecture and one hour of tutorial per week.. Online students access the online learning environment in Blackboard. Regular online access is required. Students will require a headset with microphone for online participation and exercises.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment Major - problem based20%
Tutorial PresentationTutorials - participation 10%
PerformanceExamination of witnesses - Examinaton-in-chief/cross-examination10%
ExaminationFinal Examination60%
ONLINE
TypeDescriptionValue
AssignmentAssignment Major - problem based20%
ParticipationOnline tutorial participation10%
PerformanceExamination of witnesses - Examinaton-in-chief/cross-examination10%
ExaminationFinal examination60%

Text References

  • ^ Hemming, A. (2013). Evidence: Commentary and materials (8th ed.). Pyrmont, NSW: Law Book Co.
  • ^ Evidence Act 1906 (WA). (latest reprint).

Website References

Other References

  • Evidence Act 1995 (Cth)

^ Mandatory reference

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW3106|2|2