Overview

This unit enables students, through the study of cases, statutes and other material, to acquire a comprehensive knowledge and understanding of, and competence in, the law of evidence. This unit introduces students to the law governing the collection and use of information that can be placed before courts and other tribunals when they are hearing criminal cases, or adjudicating civil disputes. It also examines the rationale for the rules that comprise the law of evidence and the values they represent. The focus of the unit is the Victorian Evidence Act 2008 which provides a law of evidence that is uniform with the law of the territories, the Commonwealth and NSW.

Requisites

Prerequisites
LAW20009 Evidence

Rule

50 credit points in Law units

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 2
Location
Hawthorn
Start and end dates
29-July-2024
27-October-2024
Last self-enrolment date
11-August-2024
Census date
31-August-2024
Last withdraw without fail date
13-September-2024
Results released date
03-December-2024
Teaching Period 3
Location
Online
Start and end dates
04-November-2024
09-February-2025
Last self-enrolment date
17-November-2024
Census date
29-November-2024
Last withdraw without fail date
27-December-2024
Results released date
04-March-2025
Teaching Period 2
Location
Online
Start and end dates
07-July-2025
05-October-2025
Last self-enrolment date
20-July-2025
Census date
01-August-2025
Last withdraw without fail date
22-August-2025
Results released date
Semester 2
Location
Hawthorn
Start and end dates
04-August-2025
02-November-2025
Last self-enrolment date
17-August-2025
Census date
31-August-2025
Last withdraw without fail date
19-September-2025
Results released date
09-December-2025

Learning outcomes

Students who successfully complete this unit will be able to:

  • Describe and evaluate the law of evidence and related policy debates and reform proposals
  • Locate and interpret legislation relevant to the law of evidence
  • Apply the law of evidence to factual situations and effectively advise clients and others or their evidentiary position
  • Conduct research relating to the law of evidence and procedure and use the results of that research

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
3.00 12 weeks 36
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Independent Learning
8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
11.50 12 weeks 138
Live Online
Class
1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
ExaminationIndividual 50 - 70% 1,2,3,4 
Research AssignmentIndividual 30 - 50% 1,2,3,4 

Content

  • The nature of and purpose of the law of evidence
  • The competence and compellability of witnesses and their examination
  • Adducing evidence including examination in chief and cross examination
  • The accused as a witness
  • Character and credibility
  • Burden and standard of proof
  • Res gestae
  • Privilege
  • Illegally obtained evidence
  • Judicial discretions to exclude evidence
  • Admissibility of evidence including relevance, opinion evidence, documentary evidence, identification evidence, corroboration and similar fact evidence
  • Admissions and confessions
  • Hearsay rule and exceptions

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.