Class Notes (806,820)
Australia (1,849)
Law (441)
JSB171 (400)
All (349)


2 Pages
Unlock Document

Queensland University of Technology

KNEECAPS DOCUMENT – EVIDENCE If you see… Then do… If hostile on basis of written PIS Consider discussing “Refreshing Memory” and manifestation of the rule in Browne v Dunn (ie “I put it to you that…”) When you see “writing”… Talk about documentary evidence. If you have a description of something that This is a PIS. happened in the past (ie a meeting, an email, a phone call) that is revealing different information to what the person is now testifying… Everything in cross-examination Check that the rule in Browne v Dunn (puttage) has been complied with. If not, be able to discuss the consequences for breach of the rule. Do the facts require the jury to make an inference Talk about circumstantial evidence. about a certain fact? (eg because of X, Y must have happened) When random third parties are called as Talk about: witnesses and start saying stuff inconsistent with 1. Ask yourself “is this a collateral or main various testimonies… fact in issue? 2. If it’s a main fact, then do NOT talk about finality of answers to collateral issues. Prior conviction in question without a date… Question whether or not it’s still within the rehabilitation and state that you need more facts to determine that. Previous conviction (for anyone at all)… If it’s the accused, talk about s 15. If it’s anyone other than the accused, talk about s 15A. If charged with similar sort of offence Do you need to bring up previous convictions? previously… Also, is this a SFE? If you need more info to determine this, state that fact. If question has someone foreign slash speaks a Think: Interpreter (s 131 QEA) or religion and foreign language or speaks English as a second oath issues (competence and compellability). language etc… If out-of-court document being called upon to Think: is it hearsay? Is it a document that could prove a fact… have been produced by a computer? If so, apply s 95 QEA. Someone says that they were someone else, and S 95 QEA. the document can be used to proved that they were there (work timesheets etc)… If someone directly perceives something… It’s not hearsay. When you have someone wanting to go and see Check consents were necessary… (no consent a certain thing (ie view vs demo)…. needed for view). When talking about confessions… Talk about discretion to exclude them. Every time you talk about a document… State that a copy is as good as the original (s 116) If a witness denies they said something and It’s a written PIS. Queens case application must there’s a written document that proves to the follow. contrary… If examination in chief says anything abo
More Less

Related notes for JSB171

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.