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Author: Andrew L. C. Ligertwood
Publisher:
ISBN: 9780409333664
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015
Author: Andrew L. C. Ligertwood
Publisher:
ISBN: 9780409333664
Category : Evidence (Law)
Languages : en
Pages : 0
Get Book Here
Book Description
This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015
Author: Fiona Hum
Publisher: Cambridge University Press
ISBN: 1009010727
Category : Law
Languages : en
Pages : 667
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Book Description
Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.
Author: Miiko Kumar
Publisher:
ISBN: 9780455247656
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.
Author: Roger Alasdair Brown
Publisher:
ISBN: 9780455231655
Category : Evidence, Documentary
Languages : en
Pages : 193
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Book Description
Documentary evidence : the laws of Australia (Second Edition) is also published as Subtitles 16.5 "Documentary Evidence" and 16.6 "Computer Produced Evidence" in Title 16 of The Laws of Australia encyclopaedia.
Author: Kenneth J. Arenson
Publisher: Butterworth-Heinemann
ISBN: 9780409324204
Category : Evidence (Law)
Languages : en
Pages : 659
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Book Description
RULES OF EVIDENCE IN AUSTRALIA is a valuable resource and essential reading for criminal law and criminology students at graduate and undergradutate levels, judical officers, practitioners, and members of law enforement bodies. TEXTBOOK AND CASEBOOK RULES OF EVIDENCE IN AUSTRALIA is the only evidence textbook and casebook that comprehensively considers the law of evidence in all Australian states and territories. It is also eminently succinct; the court judgments presented in the book having been carefully edited by the authors to contain only the essential passages. Readers will quickly identify and master the main principles of the law of evidence. As a casebook, it introduces readers to the type of scholarly appellate court judgments that will enable them to acquire the writing and oratory skills they need to become competent practitioners. As a textbook, it includes commentary and questions that highlight the crucial issues in the cases, analyse the legal reasoning used by the judges, and test readers' comprehension of the major concepts. Second Edition The first edition of this book was published in November 2005. Due to its success and the many new developments in the area of evidence law, this updated second edition has been published. New in this edition are recent developments including: the 2005 legislation in Western Australia on Propensity Evidence; and the High Court decision on the Rule in Browne v Dunn.
Author: David Field
Publisher:
ISBN: 9780409338423
Category : Evidence (Law)
Languages : en
Pages :
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Book Description
The text explains and discusses the common law rules of evidence as affected by the Evidence Act 1906 (WA). The commentary addresses the synthesis of the common law and statutory position to provide a very readable and accessible text that applies a logical and systematic approach to the introduction of each key topic. The easy-to-navigate design supports a clear discussion and analysis of statutory provisions and leading cases to engage readers. To consolidate understanding, each chapter provides a set of self-test questions and a problem question in each of the civil and criminal jurisdictions. To promote familiarity with the evidence rules applicable to practice in federal matters, the text also includes a comparative discussion of the position under the Commonwealth Evidence Act 1995, which forms the foundation of the Uniform Evidence Acts regime. This book is an ideal introduction for students to the law of evidence and an excellent reference for Western Australian legal practitioners. Related Titles Field, LexisNexis Questions and Answers: Evidence for Common Law States, 2nd ed, 2011 Field, LexisNexis Questions and Answers: Uniform Evidence Law, 2012 Field, LexisNexis Case Summaries: Evidence for Common Law States, 2012 Anderson, Williams & Clegg, The New Law of Evidence, 2nd ed, 2009 Ligertwood & Edmond, Australian Evidence, 5th ed, 2010
Author: Andrew Hemming
Publisher:
ISBN: 9780455230733
Category : Evidence (Law)
Languages : en
Pages : 880
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Book Description
Introduces general principles and theoretical perspectives of the law of evidence, covering all Australian jurisdictions and explaining State by State variations.
Author: M. Smith
Publisher:
ISBN: 9780409343267
Category :
Languages : en
Pages :
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Book Description
DNA Evidence in the Australian Legal System discusses the legal issues associated with DNA evidence, ranging from crime scene collection and DNA databases through to its use in criminal trials and appeals. This integrated text explains important legal issues associated with DNA evidence that have developed alongside the science. While there are a number of books available that discuss DNA evidence from a forensic science perspective, this text is one of the few worldwide to focus on these issues from a legal perspective. A wide range of legal issues are discussed, including those associated with the collection of DNA evidence at the crime scene, laboratory analysis, creation of DNA profiles, use of DNA databases, the presentation of DNA evidence at trial, and the use of DNA in the review of convictions and acquittals. Forensic procedures legislation is reviewed, as well as key cases relevant to each of these topics. The text also includes a comparative discussion of developments in key jurisdictions such as the United Kingdom and United States, providing context for current and potential future developments in Australia. It is intended that this book will be an authority on DNA evidence and the law in Australia and an important reference for those studying, working with or researching the topic. This includes professionals such as lawyers, researchers, police, laboratory scientists, policymakers and expert witnesses who work in the criminal justice system, as well as students of law, criminology, criminal justice and forensic science.
Author: Rupert Cross
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 878
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Book Description
This book is designed to be an authoritative exposition of the law of evidence which discusses fully both the theory and the practice of the subject, so meeting the needs of students and practitioners alike. It is clearly written with the inclusion of numerous cases and references to past authorities.
Author: Peter Gillies
Publisher:
ISBN: 9781863160179
Category : Court rules
Languages : en
Pages : 714
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Book Description
Second edition of a comprehensive guide to the Australian Law of Evidence for practitioners and tertiary students. This revised edition covers the law up to December 1990, dealing with 500 new cases reported since 1987.
