EVIDENCE

Miiko Kumar

• What is evidence law?

• Where is it from?

• Where is evidence law now?

• What are the aims of the laws of evidence?

This course is about:

• How to adduce evidence

• Admissibility of evidence

• Proof

Background to the Evidence Act 1995 (Cth) and (NSW)

• Australian Law Reform Commission (ALRC), Evidence Interim Report (ALRC 26) 2 vols (1985)

• ALRC Evidence Final Report (ALRC 38) (1987)

• ALRC,NSWLRC, VLRC, 'Uniform Evidence Law' (ALRC 102)

Uniform Evidence Law

• Evidence Act 1995 (Cth) 18/4/95

• Evidence Act 1995 (NSW) 1/9/95

• Tasmania – 2002

• Norfolk Island – 2004

• Victoria – 2009 (in force on 1 Jan 2010)

• ACT- 2011 (1/3/12)

• Northern Territory – 2011 (1/1/13)

“Recent” amendments

• From ALRC 102

• Model Uniform Evidence Bill was approved by the Standing Committee of Attorneys-General in July 2007

• Evidence Amendment Act 2007 (NSW)

• Evidence Amendment Act 2008 (Cth)Commenced on 1 Jan 2009

Relationship between the Evidence Acts, the common law and other statues

• Section 8

• Section 9

Structure of the Evidence Act

• Chapter 1

• Chapter 2

• Chapter 3

• Chapter 4

The trial process

• Pre-trial processes

• Court procedure

• Role of judge versus jury

• Appeal process

• Structure of the courts

• People in the trial

• Role of the judge

• Differences between civil and criminal trials

Taking objections

• Who objects?

• Objection to what?

• Why the objection?

Dispensing with the rules of evidence

• Section 190

Voir dire

• Section 189