LAWS5107 Evidence Notes

Description

Evidence notes used in LAWS5107 at the University of Western Australia. Course focusses on evidence in criminal proceedings and the relevant provisions of the Evidence Act 1906 (WA). Overall Mark: 82% Topics Covered Relevance - General principles of relevance - Logical relevance - Remoteness Judicial Discretions - Christie Discretion - Fairness Discretion - Public Policy (Bunning v Cross) Discretion - Appeals regarding uses of discretion Evidence given during the Course of the Criminal Trial - Burden and standard of proof - Evidentiary burden - Witness evidence - Prior inconsistent statements Competence and Compellability - Children - Spouses - Mental impairment - Privileges Opinion Evidence - Expert opinions - Layperson opinions Identification Evidence - Warnings Admissions and Confessions - Express/implied admissions - Admissibility of ID evidence Hearsay - General rule - Common law exceptions - Statutory exceptions and documentary evidence - Limitations and discretions Character Evidence - The "Character Shield" - Exceptions to rule against giving character evidence Corroboration - Uncorroborated evidence - Corroboration warnings Propensity/Similar Fact Evidence - General rule against propensity evidence - Exceptions Real and Documentary Evidence - Real evidence - Demonstrative evidence - Views, demonstrations and reconstructions