Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group learning activities on campus for the second half-year, while keeping an online version available for those students unable to return or those who choose to continue their studies online.
To check the availability of face to face activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor, Lecturer, Tutor
Ilija Vickovich
Contact via ilija.vickovich@mq.edu.au
6 First Walk 624
TBA
|
---|---|
Credit points |
Credit points
10
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Prerequisites |
Prerequisites
LAWS813 or LAWS8013
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit examines the principles and rules of evidence in civil and criminal proceedings under the uniform evidence legislation in New South Wales. Major topics include important aspects of proof, privilege and the adducing of testimonial, documentary and real evidence, as well as unreliable evidence. The principal areas of admissibility of evidence are also examined in detail, including relevance, hearsay and admissions, opinion evidence, tendency and coincidence evidence, credibility and character, as well as identification evidence. |
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
FIT TO SIT MODEL Macquarie University operates under a ‘Fit to Sit’ model. This means that in sitting an exam and/or in-class test or otherwise submitting an assessment (including an online quiz), a student declares themselves fit to do so. Therefore, if a student is feeling unfit to sit the exam or test, or otherwise submit the assessment (as the case may be), they should not do so. If a student sits an exam or test, or otherwise submits an assessment, knowing that they are unfit to do so, they will not be granted Special Consideration.
It is the responsibility of the student to determine whether they are fit to sit an examination or test or otherwise submit an assessment, or whether a Special Consideration application should be submitted.
A student’s sitting an examination or test or otherwise submitting an assessment will not preclude the student from being granted Special Consideration if the student can demonstrate that:
Name | Weighting | Hurdle | Due |
---|---|---|---|
Assignment 1 | 30% | No | Mon 7 Sep |
Take Home Test | 40% | No | Sat 21 Nov |
A series of online multiple choice quizzes | 30% | No | 22-23 Aug AND 3-4 Oct AND 31 Oct-1 Nov |
Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: Mon 7 Sep
Weighting: 30%
Assignment 1 in this unit is a research paper.
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: Sat 21 Nov
Weighting: 40%
Students will complete a time limited take home test.
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 3 hours
Due: 22-23 Aug AND 3-4 Oct AND 31 Oct-1 Nov
Weighting: 30%
students will complete 3 online quizzes over the course of the semester
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
DELIVERY AND RESOURCES
Prescribed Text:
Bellew, Arthur, Boas and Chifflet: Australian Uniform Evidence Law: Principles and Context, LexisNexis 2019.
Recommended Texts
A Ligertwood & G Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 6th ed, LexisNexis, 2017
Hon D Heydon, Cross on Evidence, 11th ed. LexisNexis, 2017
S Odgers, Uniform Evidence Law, 13th ed, Lawbook Co, 2018
M Kumar, E Peden & S Odgers, Uniform Evidence Law: Commentary and Materials, 6th ed, Lawbook Co, 2018
John Anderson, Uniform Evidence Law: Text and Essential Cases, 3rd ed, The Federation Press, 2016
Wk |
Week Commencing |
Lecture Topic |
Tutorial Topic |
1 |
27 July |
Introduction to Evidence
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No Tutorial |
2 |
3 August |
Trials; Judicial Powers and Discretions
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1 Introduction to Evidence
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3 |
10 August |
Adducing Evidence I
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2 Trials; Judicial Powers and Discretions
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4 |
17 August |
Adducing Evidence II |
3 Adducing Evidence I
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5 |
24 August |
Proof and Relevance |
4 Adducing Evidence II
|
6 |
31 August |
Hearsay Evidence I |
5 Proof and Relevance
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7 |
7 September |
Hearsay Evidence II |
6 Hearsay Evidence I
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|
|
Mid-Semester Break |
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8 |
28 September |
Hearsay Evidence III |
7 Hearsay Evidence II
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9 |
5 October |
Opinion Evidence
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8 Hearsay Evidence III
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10 |
12 October |
Tendency and Coincidence Evidence
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9 Opinion Evidence
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11 |
19 October |
Credibility and Character Evidence |
10 Tendency and Coincidence Evidence
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12 |
26 October |
Identification Evidence |
11 Credibility and Character Evidence
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13 |
2 November |
No Lecture |
12 Identification Evidence
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Note: Tutorials commence in week 2
Macquarie University policies and procedures are accessible from Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central). Students should be aware of the following policies in particular with regard to Learning and Teaching:
Students seeking more policy resources can visit the Student Policy Gateway (https://students.mq.edu.au/support/study/student-policy-gateway). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
If you would like to see all the policies relevant to Learning and Teaching visit Policy Central (https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policy-central).
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/study/getting-started/student-conduct
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au
Any application for extensions of time must comply with the information provided in this Unit Guide under 'Assessment Tasks'. An application in accordance with the university's Special Consideration policy will be required in all cases.
Students requiring special arrangements for the completion of any assessment task (including the final exam) due to any disability must contact Campus Wellbeing and seek advice. The unit convenor will deal with such cases only with the approval of Campus Wellbeing.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Students with disability who wish to seek special consideration for any assessment item must advise the unit convenor and also formally apply for special consideration for each task.
For all student enquiries, visit Student Connect at ask.mq.edu.au
If you are a Global MBA student contact globalmba.support@mq.edu.au
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When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.