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Study Guides for Jonathan Clough

Evidence

LAW4323 Final: Opinion

Opinion Evidence Was an Opinion Expressed? (Lithigow) An inference drawn from observed and communicable data (Lithigow) Is the Opinion Adduced to Prove a Fact about which the opinion is expressed? If yes, it is prima facie...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Indictable Offence, Obiter Dictum, International Covenant On Civil And Political Rights

DiscretiontoExcludeImproperlyorIllegallyObtainedEvidence(s138) Was the Ev Obtained Illegallyin Consequence of Something Illegal? Arrest Without Warrant A police officer may arrest a person if they believe, on reasonable gr...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Indictable Offence, Objective Test

Admissions 1. Did D make an Admission? = previous representation by a party to the proceeding, adverse to their interest in the outcome of the proceeding (Dictionary) 2. Exception to Hearsay Rule if First-Hand Ad...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Obiter Dictum, Determinative

Hearsay IS IT HEARSAY (s 59) 1. Previous Representation (Dictionary) = a representation made otherwise that during the proceeding includes a representation not intended to be communicated, and one not communicated 2. Conta...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Modus Operandi, Obiter Dictum, Relevance (Law)

Tendency (s 97) 1. The Tendency Argument P will allege that D has a tendency to do [X] or have [state of mind] Can use an incident after the charge to prove the tendency (Pfennig) Can argue tendency even if the...

Law
LAW4323
Jonathan Clough
LAW4323 Final: The Accused's Right to Silence

TheAccuseds Rightto Silence Pre-Trial Silence The accused has a right to refuse to answer questions or participate in an investigation except where required by law (Crimes Act s 464J) Before questioning begins ...

Law
LAW4323
Jonathan Clough
LAW4323 Final: Character

CharacteroftheAccused Good Character Evidence (s 110(1)) D may adduce ev showing they are of good character: o Generally; OR o In a particular respect (see e.g: Melbourne) The hearsay, tendency, credibility and opinion rul...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Intellectual Disability, Hearsay

Witness Examination and Credibility REVIVING MEMORY While Giving Ev - Generally Court must give leave (s 32(1)) Leave Factors Can W adequately recall the events w/o the doc? (s 32(2)) Was doc made when the e...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Voir Dire, Indictable Offence

Competence 1. The Witness is presumed to be competent (s 12(a)) 2. Other party will argue W is not competent because [mental impairment] (s 13) This issue is determined on a voir dire (s 189(1)(c)) The W must have capacity...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Amcor

PrivilegeAgainstSelfIncrimination (s 128) 1. Witness will object to giving ev on the basis of PASI Cannot be claimed by corporations Cannot be claimed to protect others 2. Are there Reasonable Grounds For the Objection? Ap...

Law
LAW4323
Jonathan Clough
LAW4323 Study Guide - Final Guide: Unfair Prejudice In United Kingdom Company Law, Dyson Heydon

Relevance Nb: unless otherwise provided, references are to the Evidence Act 2008 (Vic) 1. Is the Evidence Relevant? Relevant ev is ev that, if it were accepted, could rationally affect (directly or indirectly) the assessme...

Law
LAW4323
Jonathan Clough

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