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In the preparation and conduct of litigation no area of law is more important than the law of evidence. Advanced Evidence aims to provide students with an enhanced understanding of the law of evidence. This subject focuses on key provisions of the uniform evidence legislation, which now operates in all Commonwealth, Victorian, New South Wales, Tasmanian, Australian Capital Territory and Northern Territory courts, and primarily examines the law of evidence in the context of criminal proceedings, where it is is strictly applied. Students can expect to refresh, deepen and develop their understanding of the factual, legal and policy issues associated with the law of evidence and to learn to analyse the admissibility of evidence at an advanced level
This subject is primarily based on a detailed examination of those rules of evidence regarding admissibility that are of particular significance in trials, especially criminal trials.
Principal topics may include:
- Hearsay evidence
- Opinion evidence
- Tendency and coincidence evidence
- Credibility evidence
- Identification evidence
- Discretionary and mandatory exclusion of evidence.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an enhanced understanding of the role played by the law of evidence in criminal proceedings and have a good understanding of the scope and operation of the uniform evidence legislation
- Be able to identify the factual, legal and policy issues associated with each of the categories of evidence selected for study
- Be able to analyse such evidence from a factual, a legal and a policy perspective, at an advanced level.
Last updated: 6 December 2019