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 | Yes |
Teaching staff
Coordinator | David Hamer, david.hamer@sydney.edu.au |
---|---|
Lecturer(s) | Salim Farrar, salim.farrar@sydney.edu.au |
Alexander Kuklik, alex.kuklik@sydney.edu.au | |
Rachel Killean, rachel.killean@sydney.edu.au | |
Colin King, colin.king1@sydney.edu.au |