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TERM 2, 2020 COURT PROCESS EVIDENCE AND PROOF (LAWS1061/JURD7161)

READING GUIDE, STUDY AND CLASS PLAN

(Supp’tary ONLINE PER

DATE reading, Audio ppt/topics/key UEA Group WEEK, incl
Moodle) or provisions exercises Guidance notes per class 10% CP
TOPIC THE TRIAL exercises.
Reading See Moodle – relevant See Marks on Right for completion/good faith engagement.
Week page Moodle
class page
w/c 1/6/20 - Fair trials (pp 4-7) Does everyone understand the assessment
Week 1 - Accusatorial justice (incl the (CP, mid-term assignment, final exam)?
Class 1 SUP fundamental principle & Do they understand the in class/out of class
Introduction to CPEP READING/ companion rule & pres’n of requirements?
MOODLE: innocence (pp 10-14) The reading for this class is on accused trial
Accusatorial justice & Part 1 - The accused’s silence in court rights
the criminal trial (34 pp) (pp 15-17) - we focus on his/her silence in court – not
- Accused’s lies etc (pp 19-21) being required to be a witness (s 17, 20), or
- Optional: FEW (No 2) (pp 22- to call witnesses (Dyers).
34) - what can ‘count’ against an accused (lies,
Key points: pp 10-12, 13, 19-21. threats, concealing etc) …
Key UEA provisions: ss 17, 20 - the presumption of innocence [PoI] is
(silence in court). threaded through the readings (esp FEW) …
FEW – this case displays the evidentiary
method via a judge-alone judgment by a 5-
star trial judge. Probably not time to cover
it in class, but it’s definitely worth reading
as it contextualises many course themes.
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Week 1 class 2 Trials don’t start at Day 1 in We’ve looked at accused rights, now Fundamental
SUP court. Pre-trial activity is Questions prosecution obligations (which of course Principles 1
Prosecutors, READING crucial: relating to also expressed in the fundamental Quiz (before
pleadings and proof FROM - Pre-trial actions incl EAGP; Jason principle). This class is the last of our pre- 8 June 2020)
MOODLE: prosecutors’ pleadings; Courtney trial themes. Obviously, the prosecution
Part 2 prosecutors’ disclosure, trial bears the ultimate burden of proof, so that
(32 pp) fairness obligations is discussed here too.
Proof – not pre-trial, but you
will see proof has various
contexts (eg ultimate proof; to
establish facts for admissibility
purposes & judicial notice - ss
141, 142, 144.
- & of course, the jury.
w/c 8/6/20 Animation – Determining There is no class held today. Complete the
[QB] SUP relevance background reading on the uniform
Week 2 READING Evidence Act. Its major provisions are the
Class 3 FROM - Navigating the UEA focal point of this course. Pages 4-5
[Monday classes MOODLE: - Role of Relevance ss 55, 56 describe topics and concepts that tend to
access audio ppt Part 3, pp 1-8 Please watch all the youtube be discussed in passing in this course. They
only, no class] videos etc are important and help students to build a
Introducing uniform holistic approach to the rules of evidence &
Evidence Act [UEA] procedure.
Relevance s 55

Week 2 SUP (& if you haven’t watched it) Exercise The chart on p 8 (from the UEA) + the Relevance
Class 4 READING Animation – Determining based on overview on p 9 will be explained. If you and 1
Relevance s 55 FROM relevance animation don’t understand these, you will struggle. Exclusions
Discretions to MOODLE: Applying s 55 You must understand how to apply Quiz (before
exclude (mandatory Part 3, pp 8- IMM & Mundarra Smith are ‘probative value’ and ‘unfair prejudice’. 17 June)
& otherwise) s 135, 34 (Grech, referred to often during the Read the cases carefully. They are
137, 138. Kadir can be term. The ‘discretions’ also important & become assumed knowledge.
omitted)
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apply across all areas of

evidence law.
- The Discretions to exclude
or limit: ss 135, 136, & the
mandatory exclusion - s 137.
w/c 15/6/20 THE TRIAL, KEY PROVISIONS: Ss 24A, 12, Now you have a good introduction to the
Week 3 Chapter 6 13, 18, 37, 32, 33, 38, 108 most basic evidentiary concepts and you
Class 5 (pp 193-239) (108A-C), 192 need to understand witness questioning.
- Witnesses Handy exam tip: Note that s Today, competence & Examination in Chief
- Competency, 192 is relevant often (mark the (EIC). These aren’t difficult, but they are
compellability provisions on your UEA) foundational. How does the jury evaluate
- EIC witnesses? What if a party calls a
‘disappointing’ witness?

Week 3 THE TRIAL, Ss 41, 42, 46 Witness

Class 6 Chapter 7 Ss 101A, 102,103, 104. Cross-examination (XXN) rules are about Questioning 1
- Cross-examination, Pp 245-272, The discussion on p pp 254-55 controlling the questioner (as are EIC rules, Quiz (before
42 274-279 & the examples on pp 256-57; . but now the dynamics change). Crucially, 29 June)
- The credibility rule, 262-63 need to read carefully. the first of the very difficult areas in this
101A, 102 Piddington v Bennett & course begins (the credibility rule and its
- Credibility Goldsmith v Sandilands should exceptions).
exceptions, 103, 104 be read closely (p 259-262). Prior inconsistent statements (PIS) are
(the accused) important as are Prior Consistent
statements (PCS, next class & remember
Papakosmas). They are the most explicit
examples of the credibility and hearsay
rules interacting.
w/c 22/6/20 THE TRIAL, Ss 43, 106. Introduction
Week 4 Chapter 7 to Credibility 0.5
Class 7 Pp 279-305 S 39 Evidence
- Exceptions to the Quiz (before
finality rule, s 106 29 June)
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- Improper Pp 239-244
questions, s 41
- Browne v Dunn, s
46
- Re-examination &
Re-opening
Week 4 Marco explains Hearsay (10 Credibility
Class 8 Catch up mins) Activity #2 The Scope of the Hearsay rule Evidence 0.5
- Reviewing &/or an in- Activity #3 (Glasby) Continued
credibility and class Quiz (before
witnesses exercise. 1 July)
- Introducing the
rule against hearsay, THE TRIAL, Identifying
s 59, 61 Pp 306-(mid) Hearsay Quiz 0.5
p320 (before 2
July)
w/c 29/6/20 THE TRIAL, exercises Analysing an
Week 5 Chapter 8 Episode of 1.5
Class 9 Pp 320-337 Witness
- Analysing the rule Questioning
against hearsay, s 59 Review
- Introducing Exercise
hearsay rule (before 15
exceptions July)
Week 5 Class 10 Hearsay
- First hand hearsay THE TRIAL, Exceptions 0.5
exceptions, s 62, 65, Chapter 9, Mid session Quiz (before
66 & 2nd hand Pp 338-75. assignment 17 July)
hearsay, including due next
interaction with s At p 346, week,
101A omit Sio Turnitin, 9
(NSWCCA) pm 7th July
and read Sio
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HCA on
Moodle.

w/c READING READING READING WEEK READING READING WEEK

5/7/20 WEEK WEEK WEEK
WEEK 6
w/c Character SUP
12/7/20 Evidence, READING
Week 7 110, 111, FROM
Class 11 112, 192, MOODLE:
192A Part 5

Week 7 Tendency SUP

Class 12 Evidence, READING
Ss 94, 95, FROM
97, 97A, MOODLE:
101, 137 Part 6

w/c Coinciden SUP Cahill’s case as an exercise? Tendency,

19/7/20 ce READING Coincidence 1
Week 8 Evidence, FROM and
Class 13 ss 98, 101 MOODLE: Character
Relations Part 7 Quiz (before
hip, 26 July)
Context
etc ss 55,
95, 135
137.

Week 8 Opinion THE TRIAL,

Class 14 evidence, Chapter 15, Opinion 1
Evidence and
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ss76, 77, Pp 558-593 the Forensic

78 79, [incl Honeysett; Sciences
omit Pan Quiz (before
Pharma pp583-
87] 2 August)

w/c Opinion THE TRIAL, Consider s 60, s 136?

26/7/20 evidence, Chapter 15,
Week 9 finalised, Pp 594-603
Class 15 s 79(2), Chapter 16,
(3), 80, Pp 604-23 (&
108C, introducing
135, 137 Pt 3.9)
Identificat
ion
evidence
introduce
d (Part
3.9)

Week 9 Identificat THE TRIAL, Opinion and

Class 16 ion Chapter 16, ID Quiz 0.5
evidence, Pp 623-661 (before 2
ss 113- [facts/summary August)
116, 137 of Walford only]
(42 pages)
w/c Warnings,
2/8/20 Jury THE TRIAL, Directions, .05
Week Directions Chapter 17, Unreliable
10 , ss 165, Pp 662-695 Evidence
Class 17 165, 165B (33 pages) Quiz (before
8 August)
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Week Revision Review Quiz 0.5

10 (before 9
Class 18 August)