Outline

Overview

This unit of study aims to teach students the laws of evidence as they operate in civil and criminal trials in Australia. The unit aims to introduce students to the adversarial context within which lawyers might encounter evidential issues in the course of a trial. Attention is given to differences between the civil trial and the accusatorial criminal trial. The unit considers the laws of evidence contained in legislation and the common law. This unit focuses on the Uniform Evidence Law (particularly, Evidence Act 1995 (NSW)) and develop students' skills in statutory interpretation. The unit considers the rules for adducing testimony and other forms of evidence; the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, and the discretions to exclude evidence); and principles relating to proof (including burdens and standards of proof, judicial notice, and missing evidence). The distinction between the roles of the trial judge (as tribunal of law) and the jury (as tribunal of fact) in the jury trial is highlighted. We consider the forces contributing to reform of evidence law, in particular in relation to the prosecution of adult and child sexual assault, and students are encouraged to think critically about the doctrines that govern the laws of evidence.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS1014
Corequisites ?	None
Prohibitions ?	LAWS5013
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	David Hamer, david.hamer@sydney.edu.au

Type	Description	Weight	Due	Length
Supervised exam ?	Final Exam (60%) 2.5 hours writing time plus 30 minutes reading time	60%	Formal exam period	2.5 hours
Outcomes assessed:
Supervised test ?	In-Semester Test (40%) 2 hours writing time plus 30 minutes reading time	40%	Week 07 Due date: 13 Sep 2023 at 18:00	2 hours
Outcomes assessed:

Assessment summary

Mid-semester test (40%) : The test will be made up of one or more problem questions and will cover materials up to and including the hearsay rule and hearsay exceptions. The test is 2 hours writing time plus 30 minutes reading time and will be held on campus on 13th September 2023 at 6:00pm (Sydney, Australia time). It is an open book and will be conducted as a pen-and-paper test.

Final exam (60%): The final exam is open book and will assess the material covered in all topics. It will comprise of problem questions. The final exam is 2.5 hours writing time plus 30 minutes reading time held during the final exam period. It will be conducted as a pen-and-paper exam.

Note the general assessment guidelines. The mark assigned will reflect the usual considerations – materiality, accuracy, clarity, originality, provision of authority. You should provide references for your statements of law or where you are using a commentator’s work (which you may not need to do). However, you need not strictly comply with AGLC4. Just provide sufficient information for us to identify the source. (a) If you refer to cases from the readings, the case name alone will suffice. Otherwise, eg, case name, date and jurisdiction; (b) For secondary sources (which you may not need to refer to), eg, surname or name of commission, and title of book, article or report.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to tests and exams.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	1. Introduction to evidence law; 2. Relevance; 3. Proof (i) – burdens and standards of proof	Lecture and tutorial (3 hr)
Week 02	4. Adversarial trial; 5. Witnesses	Lecture and tutorial (3 hr)
Week 03	5. Witnesses (ctd) 6. Documents, Real Evidence; 7. Credibility	Lecture and tutorial (3 hr)
Week 04	8. Hearsay	Lecture and tutorial (3 hr)
Week 05	8. Hearsay (ctd)	Lecture and tutorial (3 hr)
Week 06	9. Tendency and coincidence evidence	Lecture and tutorial (3 hr)
Week 07	10. Character of the accused; 11. Opinion	Lecture and tutorial (3 hr)
Week 08	11. Opinion (ctd); 12. Discretions	Lecture and tutorial (3 hr)
Week 09	12. Discretions (ctd); 13. Admissions	Lecture and tutorial (3 hr)
Week 10	13. Admissions (ctd); 14. Self-incrimination	Lecture and tutorial (3 hr)
Week 11	15. Proof (ii) judicial notice, missing evidence, directions	Lecture and tutorial (3 hr)
Week 12	15. Proof (ii) (ctd); 16. Revision	Lecture and tutorial (3 hr)
Week 13	16. Revision (ctd)	Lecture and tutorial (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.   

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Kumar, Odgers and Peden, Uniform Evidence Law: Commentary & Materials (2018, 6th ed)
Field, Uniform Evidence Law 2023, 4th Edition.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify, describe, and explain, at an advanced level, the issues, relevant rules, and fundamental principles of Evidence Law in NSW. This includes the adducing of evidence, admissibility, proof and miscellaneous matters within the context of the adversarial trial.
LO2. critically analyse novel fact scenarios to identify the evidential issues and applicable laws, applying knowledge of evidence law to evaluate arguments and effectively solve legal problems.
LO3. effectively synthesise statutes and case law to develop sound written legal arguments.
LO4. define the ethical and professional responsibilities of legal practitioners, appreciate the ethical dimensions of the adversarial trial, and apply the capacity to influence professional life in resolving individual conflict situations and engaging in policy debates.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Word changes from 'course' to 'unit'

Additional information

Resources - Sydney Law Students

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS2016: Evidence

Semester 2, 2023 [Normal evening] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect