LLB301 Evidence Subject Outline PDF

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Faculty of Business and Law SCHOOL OF LAW

SUBJECT OUTLINE

LLB3301 Evidence 6 Credit Points

LLB 301 Evidence 8 Credit Points Spring Session 2020 Wollongong - Remote Delivery

Pre-requisites LLB3301: Pre-requisites LLB 301: Co-requisites: Restrictions: Contact Hours:

LLB3301 – SPRING SESSION 2020

LLB1180 and LLB2240 LLB 180 and LLB 240 None If applicable 1hr online lecture, 2 hr seminar per week

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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TABLE OF CON TENTS Section A: Subject Information .......................................................................................................................................3 Subject Contacts ........................................................................................................................................................................................ 3 Subject Details .......................................................................................................................................................................................... 3 Subject Description .............................................................................................................................................................................. 3 Subject Learning Outcomes ................................................................................................................................................................. 3 Elearning, Reading, References and Materials ........................................................................................................................................ 4 Lectures and Seminars .............................................................................................................................................................................. 6 Lecture / Seminar Times ...................................................................................................................................................................... 6 Minimum Attendance Requirements ................................................................................................................................................... 6 Weekly Outline ..................................................................................................................................................................................... 6

Section B: Assessment....................................................................................................................................................8 Assessment Tasks ..................................................................................................................................................................................... 8 Assessment 1 ........................................................................................................................................................................................ 8 Assessment 2 ........................................................................................................................................................................................ 9 Assessment 3 ...................................................................................................................................................................................... 12 Submission, Receipt and Collection Of Assessment Tasks .................................................................................................................. 14 General Assessment Information............................................................................................................................................................ 16

Section C: General Advice Guide for Students .............................................................................................................18 Student Services and Support ................................................................................................................................................................. 18 Policies and Guidelines ........................................................................................................................................................................... 19

Copyright Commonwealth of Australia Copyright Regulations 1969 © 2020 University of Wollongong The original material prepared for this guide is covered by copyright. Apart from fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission.

LLB3301 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Section A: Subject Information SUBJ ECT CONTAC TS

Teaching Staff Position

Name

Email

Consultation Mode

Subject Coordinator

Mark Saunders

[email protected]

Appointment via email

Lecturer

Candice Visser

[email protected]

Appointment via email

Key Contacts Name

Contact

Head of Students

Dr. Kylie Lingard

Contact [email protected]

Discipline Leader

Karina Murray

[email protected]

BAL Central Location

Telephone

Level 1, Building 40 4221 4478

Email

Web

[email protected]

BAL Central

Hours 9am-5pm Monday - Friday

SUBJ ECT DE TAILS Subj e c t De s c r iptio n Students will examine the rules relating to the sources and admissibility of evidence in civil and criminal trials. Topics will include the burden and standard of proof; the examination of witnesses; credibility, character and tendency evidence; documentary evidence; and the rules in relation to opinion evidence, hearsay, confessions and admissions; illegally obtained evidence; discretions and warnings. Cour s e L e a r ning Out c ome s Course Learning Outcomes can be found in the Course Handbook. Students should refer to the Handbook pertaining to the year of their commencement and the course in which they are enrolled. Subje c t L e ar ning O utc ome s On successful completion of this subject, students will be able to: Subject Learning Outcomes 1. Explain the nature and sources of the rules of evidence in Australia as they apply to civil and criminal contexts; 2. Identify and analyse evidentiary issues in legal problem; 3. Identify and apply the law to factual situations to devise relevant arguments and assess the relative merits of possible arguments; and 4. Evaluate the effectiveness of the rules, and the manner in which they have been applied by the courts, in relation to the objectives of the law of evidence in an adversarial system. Stude nt Wo r klo a d Students should note that UOW policy equates 1 credit point with 2 hours of study per week, including lectures and tutorials/workshops/practicals, self-directed study and work on assessment tasks. For example, in a 6 credit point subject, a total of 12 hours of study per week is expected.

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UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Subje c t C hang e s a nd R e spo ns e to Student Fe e dba ck As part of UOW’s response to the COVID-19 (novel coronavirus) pandemic, this subject has been converted to a remotely delivered subject. As part of this, the Class Participation assessment task has been changed to Online Engagement and re-weighted and the other assessment tasks adjusted in weight to accommodate. 2020

Some weeks will be conducted in face-to-face mode, with appropriate social distancing, Mark Saunders to accommodate the subject's practical element (i.e. mooting). Please see weekly outline for details. Arrangements shall be made to accommodate those students who are unable to return to campus in a physical capacity for the face-to-face component of this subject. The textbook has been updated to the 3rd edition, 2020

E xtr a o r di na ry C ha ng e s to the Subje c t Ou tline In extraordinary circumstances the provisions stipulated in this Subject Outline may require amendment after the Subject Outline has been distributed. All students enrolled in the subject must be notified and have the opportunity to provide feedback in relation to the amendment, where practicable, prior to the amendment being finalised. L e ar ning A nalytic s Where Learning Analytics data (such as student engagement with Moodle, access to recorded lectures, University Library usage, task marks, and use of SOLS) is available to the Subject Coordinator, this may be used to assist in analysing student engagement, and to identify and recommend support to students who may be at risk of failure. If you have questions about the kinds of data the University uses, how we collect it, and how we protect your privacy in the use of this data, please refer to https://www.uow.edu.au/about/privacy/index.html.

Y our Privac y – L e c tu r e Re c or ding In accordance with the Student Privacy & Disclosure Statement, when undertaking our normal teaching and learning activities, the University may collect your personal information. This collection may occur incidentally during the recording of lectures in equipped venues (i.e. when your identity can be ascertained by your image, voice or opinion), therefore the University further advises students that: • Lecture recordings are made available to students, university staff, and affiliates, securely on the University’s Echo360 ALP (Active Learning Platform) via the eLearning platform Moodle; • Recordings are made available only for the purpose for which they were recorded, for example, as a supplemental study tool or to support equity and access to educational resources; • Recordings are stored securely for up to four years. If you have any concerns about the use or accuracy of your personal information collected in a lecture recording, you may approach your Subject Coordinator to discuss your particular circumstances. The University is committed to ensuring your privacy is protected. If you have a concern about how your personal information is being used or managed please refer to the University’s Privacy Policy or consult our Privacy webpage https://www.uow.edu.au/privacy/

ELEARNING, READING, REFERENCES AND MATERIALS Subje c t e Le a rni ng The University uses the eLearning system Moodle to support all coursework subjects. The subject Moodle site can be accessed via SOLS. You can find guidelines to eLearning here http://www.uow.edu.au/student/elearning/guide/index.html You can find guidelines to ‘Netiquette’ here https://www.uow.edu.au/student/learning-co-op/technology-andsoftware/common-digital-communication-channels/

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UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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R e mo te Study Suppor t Si te In addition to the Subject Moodle site, the Remote Study Support Moodle site (CRSE027_20) is accessible to support your studies from remote locations around the globe until you can return to on campus study. This site will appear as an additional site on your list of active Moodle subject sites. This site contains comprehensive information with a range of resources related to teaching and learning as well as other student support information. Pres c rib ed T e xt s •

Richard Weinstein, John Anderson, Judith Marychurch and Julia Roy, Uniform Evidence in Australia (LexisNexis, 3rd ed, 2020)

NOTE: Subject materials, such as Textbooks and Subject Readers, can be purchased through the UniShop. It is highly recommended that students read the entirety of Evidence Act 1995 (Cth) early in the session, in order to obtain an overview of the technicalities and complexities of the subject. We will be focusing on the substantive areas of the Act, but there are a number of procedural and detailed provisions which we do not cover explicitly in class or in the prescribed reading. Students should read the whole Act at least once to be aware of these. You may wish to download the Act from ComLaw (http://www.comlaw.gov.au) to facilitate this (in order to avoid the additional commentary in Odgers while you focus on the Act as a whole). Re c omme nde d Re adin gs / Vie wing / L is te ni ng These resources are recommended and are not intended to be exhaustive. Students are encouraged to use the Library catalogue and databases to locate additional resources and supplement the recommendations with resources discovered through their own research, both online and in hard copy. UOW Library http://www.library.uow.edu.au/index.html • • • • • • • •

Australian Law Reform Committee, Uniform Evidence Law, Report 102 (2006) available at http://www.austlii.edu.au/au/other/alrc/publications/reports/102/ . ALRC Discussion Paper 69 and Issues Paper 28 were published in the lead-up to the final report and are also available online. Andrew Hemming, Miiko Kumar and Elisabeth Peden, Evidence Commentary and Materials (LBC, 8th ed, 2013) KN/390.K1/WAI/1 Andrew Ligertwood and Gary Edmond, Australian Evidence (LexisNexis5th ed, 2010) KN/390.K1/LIG/1 Andrew Palmer, Proof : How to Analyse Evidence in Preparation for Trial (Thomson Reuters, 3rd ed, 2015) KN/390.K2V/PAL/1 John Heydon, Cross on Evidence (LexisNexis, 10th ed, 2015) KN/390.K1/CRO/1 Kenneth Arenson, and Mirko Bagaric, Rules of Evidence in Australia Texts and Cases (LexisNexis, 2nd ed, 2007) KN390/K1/ARE/3 Miiko Kumar, Stephen Odgers and Elisabeth Peden, Uniform Evidence Law: Commentary and Materials (Thomson Reuters, 6th ed, 2018) Stephen Odgers, Uniform Evidence Law (Thomson Reuters, 14th ed, 2019)

Re fe r e nc e s Other General Reference Works • • • • • • •

Christopher Kee, The Art of Argument: A Guide to Mooting (Cambridge, 2006) KL/130/KEE/1 David Ross, Advocacy (Cambridge, 2nd ed, 2007) KL/93.K1/ROS/1 Hugh Selby, Advocacy – Preparation and Performance (Federation press, 2009) Hugh Selby and Graeme Blank, Winning Advocacy (Federation Press, 3rd ed, 2009) KN/389.K1/SEL/1 Joel Butler and Terry Gygar, Australasian Mooting Manual (LexisNexis, 2012) John Snape and Gary Watt, How to Moot: A Student Guide to Mooting (Oxford, 2nd ed, 2010) KL/130/SNA/1 Ross Hyams and Adrian Evans, Practical Legal Skills: Developing your clinical technique (Oxford University Press, 4th edition, 2014) KL/82.K1/HYA/1

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UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Othe r Re s ou r c e s Students may also find the following websites useful: The references provided below are not intended to be definitive. Other references will inevitably be available, and it is not possible for the co-ordinator to view all references, particularly web-sites, in preparation of this outline. For this reason, students should take the following as general references that may assist in locating additional material, and not as a recommendation or endorsement of the sites provided, or of links following from them. • • • • • •

John Stratton, a public defender has written The Criminal Law Survival Kit, which is freely available on the web at : http://www.criminallawsurvivalkit.com.au/ This site is set up in two large documents, one on criminal law and the other on evidence. It includes materials on virtually all aspects of evidence law in the context of a criminal trial, as well as comment on the latest developments. The 1987 Australian Law Reform Commission Report on Evidence is available at: http://www.austlii.edu.au/au/other/alrc/publications/reports/38/ALRC38.html You can access NSW Law Reform Commission reports at: http://www.lawfoundation.net.au/ The Law & Justice Foundation of NSW also has resources at: http://www.lawfoundation.net.au/

LECTURES AND SEMINARS L e c tur e / Se mina r T i mes Current timetable information is located at http://www.uow.edu.au/student/timetables/index.html. M i ni mum A tte nda nce R e qui re me nts Students are expected to engage in the online learning activities, including participating in any face-to-face or remotely delivered seminars in order to achieve the Subject Learning Outcomes. L e c tur e Re c o r dings The University of Wollongong supports the recording of lectures as a supplemental study tool, to provide students with equity of access, and as a technology-enriched learning strategy to enhance the student experience. If you make your own recording of a lecture you can only do so with the explicit permission of the lecturer and those people who are also being recorded. You may only use recorded lectures, whether they are your own or recorded by the University, for your own educational purposes. Recordings cannot be altered, shared or published on another platform, without permission of the University, and to do so may contravene the University’s Copyright Policy, Privacy Policy, Intellectual Property Policy, IT Acceptable Use Policy and Student Conduct Rules. Unauthorised sharing of recordings may also involve a breach of law under the Copyright Act 1969. W e e kly O utl i ne This is a guide to the weekly topics however the sequence of these topics may on occasion vary due to unforeseen circumstances. Check the Subject Moodle site for more details Week / Date

Week 1 Commencing 3 August

Week 2 Commencing 10 August

Outline of Lecture Topic/Description Introduction Relevance

Prima facie case Burden of Proof Standard of Proof

Sources of Evidence

LLB3301 – SPRING SESSION 2020

Tutorial/Seminar/Practical

Task Due

Prima facie case Burden of Proof Standard of Proof

Documentary Evidence

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Week 3 Commencing 17 August

Court’s control of proceedings Calling Witnesses Oaths and Affirmations

Competence & Compellability

Week 4 Commencing 24 August

Court Control of Witnesses Credibility

Questioning Witnesses Credibility Rule

Week 5 Commencing 31 August

Tendency & Coincidence

Week 6 Commencing 7 September

Character Evidence

Mini Mock Trial

Identification Accused as a Witness

Admissions

Opinion

Opinion

Week 7 Commencing 14 September Week 8 Commencing 21 September Commencing 28 September

Study Recess

Commencing 5 October

Study Recess

Tendency & Coincidence

Week 9 Commencing 12 October

Hearsay

Hearsay

Week 10 Commencing 19 October

Privilege

Privilege

Week 11 Commencing 26 October

No classes this week note Moot times

Week 12 Commencing 2 November

Discretions

Discretions

Week 13 Commencing 9 November

Warnings

Warnings

Commencing 16 November

Study Recess

Commencing 21 November

Examination Period

In Seminar Student Feedback

Seminars on campus this week

Mid session test

Moot Outline and assignments due Moot Oral Presentations this week

* Public Holiday: Monday 5 October 2020 (NOTE: this is during the extended recess)

LLB3301 – SPRING SESSION 2020

UNIVERSITY OF WOLLONGONG - FACULTY OF BUSINESS AND LAW

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Section B: Assessment ASSESSMENT TASKS R e qui re ments R e l a ted to Stude nt C o ntri buti o ns Online lecture content will be loaded to the Moodle site by the Thursday prior to the seminar. Th...