Students

LAWS3400 – Evidence

2023 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Ilija Vickovich
ilija.vickovich@mq.edu.au
Contact via iLearn email link
6 First Walk, 624
TBA
Tutor
Keith Williams
TBA
Credit points Credit points
10
Prerequisites Prerequisites
LAWS398 or LAWS3200
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit examines and teaches the principles and rules of evidence in civil and criminal matters in New South Wales. The focus is on the uniform evidence scheme, with particular attention given to the Evidence Act 1995 (NSW) and relevant judicial decisions that affect an interpretation of the Act. The unit starts with an introduction to litigation systems, and then proceeds to the fundamentals of trials, and the statutory and discretionary powers of courts to control their proceedings. The adducing of testamentary, documentary and real evidence is addressed, as are issues relating to proof and relevance. Detailed coverage is then given to the rules of admissibility relating to hearsay, admissions, opinion, tendency, coincidence, credibility, character and identification evidence.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Explain the reasons for and describe the principal rules of evidence.
  • ULO2: Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • ULO3: Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • ULO4: Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

General Assessment Information

Late Assessment Submission Penalty 

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic.

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:

• they were unfit to make reasonable judgement on their fitness to undertake the assessment, due to mental illness or other exceptional circumstances;

• they were taken ill during the assessment (in the case of an examination or test); or

• other exceptional circumstances beyond their control vitiated the Fit to Sit declaration.

Assessment Tasks

Name Weighting Hurdle Due
Assignment 30% No 4 Sep
Final Take-Home Assessment 50% No 13 Nov 1pm-4pm
Class Participation 20% No Continuing

Assignment

Assessment Type 1: Essay
Indicative Time on Task 2: 30 hours
Due: 4 Sep
Weighting: 30%

 

Hypothetical Problem Assignment

 
On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

Final Take-Home Assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 12 hours
Due: 13 Nov 1pm-4pm
Weighting: 50%

 

Final Take-Home Assessment

 
On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 0 hours
Due: Continuing
Weighting: 20%

 

Series of in-class problem solving activities and presentations

 
On successful completion you will be able to:
  • Explain the reasons for and describe the principal rules of evidence.
  • Explain the reasons for and describe the main exceptions to the principal rules ofevidence
  • Critically analyse the appropriateness and fairness of the principal evidentiary rules
  • Synthesise, evaluate and apply the principal evidentiary rules and their exceptions tofactual scenarios and problems

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

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, Chifflet & Vickovich: Australian Uniform Evidence Law: Principles and Context,

2nd ed, LexisNexis 2022.

 

Recommended Texts:

S Odgers, Uniform Evidence Law, 17th ed, Lawbook Co, 2022

Hon D Heydon, Cross on Evidence, 13th ed. LexisNexis, 2021

John Anderson, Uniform Evidence Law: Text and Essential Cases, 4th ed, The Federation

Press, 2021

S Odgers, M Kumar, & E Peden, Uniform Evidence Law: Commentary and Materials, 6th ed,

Lawbook Co, 2018

Unit Schedule

 

Wk

Week

Commencing

Lecture Topic

Tutorial Topic

1

24 Jul

Introduction to Evidence

 

 

No Tutorial

2

31 Jul

Trials; Judicial Powers and Discretions

 

1  Introduction to Evidence

 

3

7 Aug

Adducing Evidence 1

 

 

2  Trials; Judicial Powers and Discretions

 

4

14 Aug

Adducing Evidence 2

3  Adducing Evidence 1

 

 

5

21 Aug

Proof and Relevance

4  Adducing Evidence 2

 

 

6

28 Aug

Hearsay Evidence 1

5  Proof and Relevance

 

 

7

4 Sep

Hearsay Evidence 2

6  Hearsay Evidence 1

 

 

 

 

 

Mid-Semester Break

 

 

8

25 Sep

Hearsay Evidence 3;

Admissions

7  Hearsay Evidence 2

 

 

9

2 Oct

Opinion Evidence

 

 

8  Hearsay Evidence 3; Admissions

10

9 Oct

Tendency and Coincidence Evidence

 

9  Opinion Evidence

 

 

11

16 Oct

Credibility and Character Evidence

 

10  Tendency and Coincidence Evidence

 

12

23 Oct

Identification Evidence; Exam Preparation

11  Credibility and Character Evidence

 

 

13

30 Oct

No Lecture

12  Identification Evidence

 

 

 

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

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Student Enquiries

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IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/. 

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.

Unit information based on version 2023.04 of the Handbook