LAWS2351 condensed reading notes and problem framework

Description

LAWS2351 CONDENSED NOTES Contents Relevance: ss55-57 4 Discretion 5 135 General discretion to exclude evidence: Legal Relevance 5 136 General Discretion to limit use of evidence 6 137 Exclusion of prejudicial evidence in criminal proceedings: Christie Style 6 138 Exclusion of improperly or illegally obtained evidence: Public Policy 7 139 Cautioning of persons 8 90 Unfairness Discretion 8 Witnesses: s28 8 Competence and compellability: ss 12-14, 18-19 (primarily) 8 12 Competence and compellability 8 13 Not competent 8 14 Reasons not compellable 9 Examination in Chief 9 s 37 Leading questions 9 Lying and Unfavourable Witnesses 9 s 38 Unfavourable Witnesses, upgrade from 32. Reluctance to testify 9 s 41 – Improper questions 10 s 42 – Leading questions: may be put to witness in XXN 10 S 44 – Only the witness themselves can be questioned about a previous representation 10 32 Attempts to revive memory in court 10 38 Unfavourable witnesses 11 Credibility: 12 102 The credibility rule (exceptions 103, 104; 108) 12 103 Exception: cross-examination as to credibility, 104 if DEF 12 104 Other protections: cross-examination of DEF 14 106 Exception: rebutting denials by other evidence 15 108 – Re-establishing Credibility 15 43 Prior inconsistent statements of witnesses 16 Previous Representation 16 Browne v Dunn 16 Exception: re-establishing credibility: s108 17 Hearsay 18 Competency: 61 dependent on competency 18 First hand Hearsay: 67: Ch9,pp328-362 19 62 Restriction to “first-hand” hearsay 19 65 Exception: Criminal proceedings if maker not available 19 66 Exception: Criminal Proceedings if maker available 20 66A: Subramaniam/Suteski 21 Examples 22 The Accused 23 Tendency and Opinion 24 Tendency Rule: 97 24 Coincidence Rule: 98 26 “Background Evidence”: can’t be used for rest of section – s95, give warning, 136 26 Character Battle Rebuttals: s110-111 27 Opinion Evidence: s76 28 Identification Evidence 29 Judicial Directions and Warnings 31 Character 32 Dictionary 33 Theory 34 Fair Trial 34 Circumstantial Evidence 34 Evidence Act Background 35 Evidence Act Overview 35