Evidence law in the three "common law" states of Queensland, South Australia and Western Australia is the prime focus of this book, highlighting their similarities and differences. Additionally the book compares and contrasts the evidence law of these states with the uniform evidence legislation.
Each of the 12 chapters traverse key concepts, case law and legislation, with generous use of headings to guide readers in a logical and easy- to- read style. The publication is an excellent teaching tool and includes active learning questions and problem scenarios which can be discussed during evidence courses. The book is also a practical resource for busy legal practitioners who need to gain a quick understanding of particular evidentiary issues. Specific features of this book included within the 12 Chapters are: Tables summarising the main common law judicial discretions governing exclusion of relevant evidence and the equivalent uniform evidence provisions. Special and vulnerable witnesses giving evidence - law and practice. Making "no case" submissions in civil and criminal cases - principles and practice. Privileges of confidential communications, counselling, religious confessions, journalist sources and parliamentary proceedings. The different statutory modifications of the Longman warning. Legislation and cases as to when evidence of bad character of an accused is allowed; discussion of the High Court case of The Queen v Baden-Clay on the right to silence. Legislation and cases on modifications to the common law on propensity or similar fact evidence When opinion evidence may be admitted from lay persons or 'Ad hoc' experts; differing procedures and warnings which are required for admission of identification evidence. Computer evidence. Full discussion and summary of the leading cases on hearsay, exceptions and implied assertions; when "res gestae" evidence is admissible as a hearsay exception or as original evidence. Judicial discretion to exclude a voluntary confession; distinction between formal and informal admissions; directions to the jury on lies and post offence conduct. Discussion of High Court case of Police v Dunstall and cases on the application of the residual "general unfairness discretion" to exclude relevant real evidence at trial.
