 
- Evidence Law Summary Notes!
What's in the Evidence Law Summary Notes?
Our Evidence Law Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Evidence Law exam. The table of contents of our Evidence Law Summary Notes is shown below.
Table of Contents for Evidence Law Summary Notes
1. Introduction. 5
A. How to use Cram Notes. 5
B. Abbreviations. 5
2. Threshold
Question �V is the Evidence Relevant? 5
A. Background and relationship evidence. 6
B. Evidence of state of mind.. 6
3. Can
the Evidence be Excluded? 6
A. General discretion to exclude
evidence. 6
B. Mandatory exclusion of prejudicial
evidence. 7
C. Definition of ��unfairly prejudicial��. 7
D. Discretion to exclude improperly or
illegally obtained evidence. 7
i. Considerations
as to desirability/undesirability. 8
1) Probative value �V s
138(3)(a) 8
2) Importance of evidence �V
s 138(3)(b) 8
3) Nature of relevant
offence �V s 138(3)(c) 8
4) Gravity of the police
impropriety �V s 138(3)(d) 8
5) Recklessness �V s
138(3)(e) 8
6) Considerations under the
ICCPR �V s 138(3)(f) 8
7) Whether other actions
will be taken �V s 138(3)(g) 9
8) The difficulty of
obtaining evidence without impropriety �V s 138(3)(h) 9
E. General discretion to limit use of
evidence. 9
4. Are
there procedural problems with Witness Testimony? 10
A. Motives to lie and interest in
outcome of the case. 10
B. Competence and compellability. 10
i. Lack of
capacity. 10
ii. Defendants in
criminal proceedings. 10
iii. Reduced capacity. 10
iv. Compellability of
spouses and others in criminal proceedings generally. 10
C. Examination in chief 11
i. Leading
questions. 11
D. Cross-examination.. 11
i. Leading
questions. 11
ii. Unfavourable
witness. 12
1) Not making genuine atempt
to give evidence. 12
2) Prior inconsistent
statement 12
iii. Improper questions. 12
iv. Procedural fairness. 13
1) The rule in Browne v
Dunn. 14
E. Re-examination.. 14
F. Other procedural elements. 14
i. Reviving
witness�� memory. 14
ii. Granting
leave. 15
iii. Judicial notice. 15
5. Challenging
the Witness�� Credibility. 15
A. credibility evidence. 15
B. Prior inconsistent statements. 16
C. Exceptions to admissibility. 16
i. Cross-examination. 16
1) As to credibility. 16
2) Rebutting denials. 16
3) Indirect rehabilitation
of witness credibility. 17
4) Leave. 17
ii. Re-examination. 17
1) General exception to
credibility rule. 17
2) Specific exception for
prior consistent statement 17
iii. Examination in
chief 18
1) Suggestion of fabrication
and/or reconstruction. 18
iv. Expert evidence. 18
v. Attacking
credibility of someone not called as witness. 18
6. Adducing
and Challenging Character Evidence 19
A. Has character evidence been raised?. 19
i. Circumstances. 19
ii. Emphatic
denial of guilt 19
1) Responsive. 19
2) Unresponsive. 19
B. Rebuttal - general or particular
character evidence?. 20
C. Is leave needed?. 20
D. Is there a need for a judicial
direction?. 21
i. Judicial
direction. 21
ii. Standard
direction. 21
7. Adducing
and Challenging Tendency Evidence 21
A. Admissibility. 21
i. Elements. 21
ii. Has there
been notice?. 21
1) Exceptions to notice
requirement for responsive evidence. 21
iii. Is there
significant probative value?. 21
1) Factors for significant
probative value. 22
iv. Non-responsive
evidence. 22
1) Prosecution - Probative
value must outweigh prejudicial effect 22
2) Defendant �V exception. 23
v. responsive
evidence. 23
1) Rebuttal by Prosecution. 23
2) Defendants. 23
B. Limited use for other purposes, even
if relevant 23
8. Adducing
and Challenging Coincidence Evidence 24
A. Admissibility. 24
i. Elements. 24
1) 2 or more events. 24
ii. Has there
been notice?. 24
1) Exceptions to notice
requirement for responsive evidence. 24
iii. Is there
significant probative value?. 24
iv. Non-responsive
evidence. 25
1) Prosecution - Probative
value must outweigh prejudicial effect 25
2) Defendant �V exception. 25
v. Responsive
evidence. 25
1) Rebuttal by Prosecution. 25
2) Defendants. 25
vi. Distinguishing
coincidence evidence and tendency evidence. 25
vii. Limited use for other
purposes, even if relevant 25
9. Adducing
and Challenging Opinion Evidence 26
A. Is it an opinion?. 26
B. Exceptions. 26
i. Alternative
use. 26
ii. Lay opinion
(eyewitness) 26
iii. Expert opinion. 26
1) Specialised knowledge. 26
2) Wholly or substantially
based. 27
3) Discretionary exclusions
for expert evidence. 27
10. Adducing
and Challenging Identification Evidence 28
A. Definition of identification evidence. 28
B. Visual identification.. 28
i. Definition. 28
ii. Was an
identification parade held?. 28
iii. Reasonable excuse
for not holding parade?. 28
C. Picture identification.. 29
i. Definition. 29
ii. Not
admissible if 29
1) Picture in police custody. 29
2) Could have held identification
parade. 29
D. Mandatory warning & directions to
the jury. 30
11. Adducing
and Challenging Hearsay Evidence 30
A. Definitions. 30
i. Previous
representation. 30
ii. Representation. 31
iii. Asserted fact 31
B. Admissibility. 31
i. Is
there a ��previous representation��?. 31
ii. How is the
representation relevant? What fact is it being adduced to prove?. 31
iii. Is the fact to be
proved (purpose of tender) what the declarant intended to assert? 32
1) Express and implied
assertion. 32
2) Intended and unintended
assertions. 32
iv. Is there another
purpose to adducing the evidence of the previous representation? 32
C. Does it fall within an exception?. 33
i. Relevant
for a non-hearsay purpose (first & second hand hearsay) 33
ii. First Hand
Hearsay. 33
1) Maker had personal
knowledge of asserted fact 33
2) Maker available. 34
3) Maker unavailable. 34
iii. Contemporaneous
statements (first hand hearsay) 36
iv. Business records. 37
v. Character of
and expert opinion about accused persons. 37
12. Were
Judicial Warnings and Directions given? 37
A. Comment on accused��s failure to give
evidence. 37
B. Unreliable evidence. 38
i. Evidence
of a kind that is unreliable. 38
ii. Warning to
the jury. 38
iii. Exception. 39
C. Delay in prosecution.. 39
D. Children��s evidence. 39
E. Common law warnings. 40
i. Longman
(mandatory) warning. 40
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