Law Notes Litigation 2 - Evidence Law Notes
These are comprehensive yet succinct notes. They set out the relevant legal principles, and material facts from a range of cases in order to demonstrate how those legal principles have been applied.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also an 'exam checklist', which you can use during revisions or exams to remind yourself of the key issues you have to address. I also use tables where p...
The following is a more accessible plain text extract of the PDF sample above, taken from our Litigation 2 - Evidence Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Lit 2 13-14 Character evidence (only for crim) 1
1. Prelim: relevance? 1
2. Is it character evidence? 3
3. Can D bring up good character evidence? S 110 (eg El-Kheir); remember to ask for s 192A 3
4. Can Crown bring up bad character evidence of the D? 4
5. Admitting character evidence about Co-accused? 6
6. Judges warnings 6
7. Limitation under s 136 (see El-Kheir and notes) 7
8. Exclusion under ss 135, 137 see notes on exclusions. 7
Note issue with tendency evidence adduced through the character exception affects limitation/exclusions 8
Appendix: Statute for Character evidence: ss 104, 110, 111, 112, 192 9
Checklist:
Character evidence
Co-accused?
After?
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1. Prelim: evidence relevant? |
Evidence may be relevant because?
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2. Prelim: is it character evidence? |
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3. Can D bring up good character evidence? |
Procedural note: D should seek an advance ruling on admissibility and/or leave under s 192A – to find out what the Crown is going to adduce. Issue 1#:“Adduced by” a defendant: Gabriel; Bartle; El-Kheir
Examples:
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4. Bad character evidence of D brought up by Crown |
Four ways for Crown to get in bad character evidence: (d) XE on credibility evidence – under s 103, or 104 (if a D) |
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4(a) rebuttal | (a) Rebuttal: s 110(2)-(3): If D brings up good character(Gabriel;Bartle;El-Kheir)
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Buy the full version of these notes or essay plans and more in our Litigation 2 - Evidence Law Notes.
These are comprehensive yet succinct notes. They set out the relevant legal principles, and material facts from a range of cases in order to demonstrate how those legal principles have been applied.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also an 'exam checklist', which you can use during revisions or exams to remind yourself of the key issues you have to address. I also use tables where p...
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