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...
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Judicial directions, warning and information 1
1. The distinction between directions/warnings/comments /summing up 2
2. Comments on silence (Weissensteiner; Azzopardi) 3
3. Unreliable evidence warnings s 165; and Kanaan, Pollitt; McKinney 3
(I) Prelim reqs: Jury trial and request by a party: s 165(2) 3
(II) Does evidence fall within s 165(1) (non-exhaustive) list of categories of evidence of a kind that may be unreliable: 165(1)? 3
a. Hearsay evidence / admission evidence: s 165(1)(a) 4
b. Identification evidence: s 165(1)(b) see below identification evidence 4
c. Reliability affected by age/ill health/injury: s 165(1)(c) (consider when issues of competence have arisen) 4
d. Evidence given by accomplice: s 165(1)(d); Kanaan 4
e. Prison informer evidence: S 165(1)(e); Pollitt warning 6
f. PO W gives evidence of statement not signed by Ds: s 165(1)(f); McKinney 8
g. Persons seeking relief in estate proceedings: s 165(1)(g) 8
(III) If not fall within s 165(1) is it still evidence of a kind that may be unreliable? Court must have special knowledge: Stewart 9
(IV) Exception: where ‘good reasons’ not to give direction: s 165(3); and reasons given: Taranto 9
(V) Content of the warnings to give? S 165(2); s 165(4); Kanaan 10
Nature of s 165(5) preservation 11
4. Corroboration warnings: (s 164 abolished but can be given; Kanaan) 12
5. Warnings for delays in prosecution: s 165B; Longman; Edwards; Tully 13
a. Can give both warnings 13
b. S 165B warning – Delay in prosecution 13
c. Longman warning for delay (retained: s 165B(5)) 15
6. Identification evidence warnings. 16
7. CL broad warning where necessary in interests of justice: Longman 16
8. Warnings in relation to children’s evidence: S 165A (not covered) 16
9. Warnings in non-jury trials 17
Checklist:
Intro: figure out if it was a warning or comment?
Comment on silence? S 20
Unreliable evidence warnings? S 165
Lay out s 165 fundamentals
Consider if evidence falls within s 165(1) categories
If not does evidence still of a kind that may be unreliable under s 165?
Good reasons for refusing a warning: Taranto
Content of the warning to give
Corroboration warnings? S 164, but Kanaan
Warnings for delays in prosecution (s 165B; Longman; Tully; Edwards)
Identification evidence (ss 116, 165, Domican)
Broad CL warnings in interests of justice: Longman
Warnings where all circumstantial evidence: Hodge
Warnings in relation to children’s evidence: s 165A (not covered)
Warnings in non-jury trials.
Comment – never something that must be accepted. Warnings | |
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Note: Summing up
Policy issues:
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Checklist | Unreliable evidence warnings? S 165
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Intro to s 165 | Evidence ‘of a kind’ refers to a particular type or category of evidence rather than the individual witness: R v Baartman; R v Clark |
Difference between CL and s 165 |
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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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