Australian Evidence : 6th Edition - A Principled Approach to the Common Law and Uniform Acts

Australian Evidence : 6th Edition - A Principled Approach to the Common Law and Uniform Acts
ISBN: 9780409333664
Publication Date: 7 June 2017

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 âfairnessâ 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 journalistsâ sources
• HCA decisions on the interpretation of the UEL: âprobative valueâ 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 âspecial...