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70109 (15)

Study Guides for 70109 at University of Technology Sydney

Criminal Law and Procedure

70109 Final: FINAL EXAM NOTES

Evidence Contents Lecture 1: Proof and Assumptions...................................................................................................................... 3 Lecture 2: Documentary evidence.......................

Law
70109
All Professors
70109 Study Guide - Final Guide: Prior Consistent Statements And Prior Inconsistent Statements

CREDIBILITY : It is important to note; all evidence relating to the credibility and compellability of the witness is relevant for the purposes of the evidence s 55(2)(a): evidence is not taken to be irr...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Law Society, Unfair Prejudice In United Kingdom Company Law, Voir Dire

DOCUMENTS & REAL EVIDENCE: S 11 Evidence Act: General powers of the courts 1) The power of a court to control the conduct of a proceeding is not affected by this Act, except so far as this Act provides otherwise expressl...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: List Of Bus Routes In Staten Island, Adverse Inference, Lepra

ADMISSIONS EXCEPTION TO HEARSAY: S 81 HEARSAY AND OPINION RULES: EXCEPTION FOR ADMISSIONS AND RELATED REPRESENTATIONS (1) The hearsay rule and the opinion rule do not apply to evidence of an admission. (2) The hearsay ...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Law Society, Unfair Prejudice In United Kingdom Company Law

ACCUSED AS A WITNESS CHARACTER EVIDENCE: (must include all of thse cases & sections in exam) The is a conceptual difference between character evidence and crediblility Credibility evidence indirectly affec...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Logical Reasoning, Arsenic Poisoning, Baby Farming

TENDENCY AND COINCIDENCE Tendency reasoning is using evidence about a particular person to infer the probability that a pattern of behaviour will follow. Person --> Behaviour pattern = tendency Called pro...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: 18 Months, Prior Consistent Statements And Prior Inconsistent Statements

HEARSAY FOR NON HEARSAY PURPOSES: If the previous representation, a statement made out of court, is being used to prove the fact being asserted in the representation intentionally, then that is the hearsay use a...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: 6 Years, Indictable Offence, Unfair Prejudice In United Kingdom Company Law

EXCLUSIONS OF EVIDENCE AND JUDICIAL WARNINGS: Rues permitting the discretionary exclusion of evidence: Discretion to exclude evidence Discretion to limit the use of evidence Judicial comments, directions and warnings. Evid...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Rational Basis Review, Marion Merrell Dow, 40 Minutes

OPINION EVIDENCE: What is an opinion? Opinion: Any inference drawn from observed and communicable facts or data. (see Lithgow City Council v Jackson [2011] HCA 36 and various other authorities). EVIDENCE ACT 1995 SECT 76 ...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Voir Dire, Prior Consistent Statements And Prior Inconsistent Statements

Examination of witnesses: GENERAL RULES: - The court has control over the examination of witnesses s 26 - Any party may examine a witness s 27 - s 28: order of examination: Examination in chief, ...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Unfair Prejudice In United Kingdom Company Law, William Gummow, Dyson Heydon

RELEVANCE Fundamental Rule of Admissibility: S 56 Evidence Act 1995 Relevant evidence to be admissible (1) Except as otherwise provided by this Act, evidence that is relevant in a proceeding is admissible in the proceeding...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Adverse Inference, Indictable Offence

THE ACCUSED AS WITNESS THE RIGHT TO SILENCE: No legislative source that governs the right to silence and no instrument in the constitution It is a common law right 2 types; Silence pretrial Silence at trial Different law a...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: 3 Women, Hearsay

HEARSAY: FIRST-HAND EXCEPTIONS TO HEARSAY STEP 1: Who is maker and what is the representation? Representation Includes: a) An express or implied representation (written or oral); or b) A representation to be inferred...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Adverse Inference

WITNESSES: Calling witnesses Competence Compellability Vulnerability Sworn and unsworn evidence Examining witnesses The assumption is that evidence of witnesses is truthful, reliable and accurate. Where this is not the cas...

Law
70109
Lesley Townsley
70109 Study Guide - Final Guide: Implied Consent, Australian Criminal Intelligence Commission, Sexual Assault

PRIVILEGE Privilege recognises that there is something important between the confidence between 2 people and this overrides the disclosure in law. There is a hierarchy of rights and most of those rights compete judges have...

Law
70109
Lesley Townsley

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