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The course aims to provide a sound academic grounding in key principles of the law of evidence. It will examine the key topics of relevance, reliability, probative value, illegitimate prejudice, the influence of human rights, burden of proof, rules of inadmissibility (including hearsay, veracity and propensity and privilege), and trial procedure. In focusing on these key aspects of the law of evidence this course will adopt a strong principle based approach in which the theoretical underpinnings of the development of the law will be examined and discussed. The sole focus of the course will not necessarily be on New Zealand's Evidence Act 2006 but will seek to place such provisions in the context of both theoretical and comparative international approaches.
The primary function of the law of evidence is to govern how information is admitted or excluded as evidence in the courts and, in some cases, other tribunals. A secondary function is how to deal with evidence once it is admitted. Most of the New Zealand laws and regulations relating to ‘evidence’ are covered by the Evidence Act 2006, and the Evidence Regulations 2007. However, some related topics are not covered by the Evidence Act 2006, such as the functions of the judge and jury, the burden of proof and degrees of proof, appeal rights, as well as a number of practical trial conventions and practices.There is a perception that the law of evidence is only relevant to trial practitioners and judges. This view is erroneous, since every single personal or business transaction has the potential for conflict. An awareness of the information needed to resolve disputes, and the rules to make this information admissible and persuasive in court, should be understood by all lawyers, and indeed also business people and private individuals.This course includes material that may be, for some people, upsetting for a variety of reasons. Criminal law, both substance and procedure, exists because people harm each other in a variety ways, some of which may have similarities to our own life-experiences. There is a reasonable likelihood that the content of some of the cases and topics discussed will be confronting or offensive to our own beliefs and attitudes. Some cases deal with violence, non-consensual or consensual sexual activity. Class discussion may also encompass discriminatory attitudes or actions, such as sexism or racism and homophobia. Where appropriate, Elisabeth will make reasonable effort to alert the class when she will be teaching difficult material, particularly of a sexual nature. As there are rules of evidence that apply specifically to sexual offences, it is not possible to avoid those examples, but you will not usually be required to read cases with graphic details of sexual activity. In particular, the assessments will not involve detailed fact scenarios of this nature.
On completion of the course, students will be expected to have attained the following learning outcomes: An understanding of core concepts of evidence: The concept of ‘evidence’; the concept of ‘relevance’; ‘logical rules’; admissibility and exclusion of evidence; methods of evaluating evidence; determining the weight of evidence; the burden of proof, and degrees of proof; applicability of the common law and the New Zealand Bill of Rights Act 1990. An understanding of meaning and use of evidence-related terminology: ‘Facts’; ‘premises’; ‘inferences’; ‘validity; ‘cogency’; ‘probative value’; ‘relevance’; ‘prejudice’; ‘information’; ‘evidence’; ‘exclusion’; ‘corroboration’; ‘weight’, and the terminology contained in s 4 of the Evidence Act 2006. The ability to apply applicable evidence admissibility tests: Relevance; propensity; veracity; hearsay; opinion; expert and identification evidence; defendants’ statements and improperly obtained evidence; privilege and confidentiality. An understanding of basic rules of evidence applicable to trial process: Eligibility and compellability of witnesses; examination of witnesses; judge and jury questions; judicial directions; general functions of the judge and jury.
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
(i) LAWS101; and (ii) LAWS110
LAWS316, CRJU308
LAWS202-LAWS206
CRJU308
Students will sign up to a place on the lecture room seating chart during class. From that class onwards, students will sit in that space for the rest of the course. The purpose of this requirement is three-fold. First, it enables the lecturer to get to know students and to be able to call on them using their name. Secondly, it allows development of working relationships with others in the class, including the lecturer. Third, and related, it ensures that students can comfortably participate in discussion exercises in class. Students will self-select into groups of 4-6 and sit in this grouping during lectures. These groups will form the basis of working groups primarily for the two-hour Thursday class, in which students will work through problem questions. Participation in a group and being on the seating chart is a terms requirement. Students are strongly encouraged to attend all classes in this course and to keep up with the assigned reading. The content will be much easier to understand if regular reading and participation in class discussions in undertaken, as opposed to cramming for the various pieces of assessment.
Elisabeth McDonald
The assessment is likely to be as follows (but will be confirmed in the first week of lectures):In Class Test One (Principles): worth 35% of the course;In Class Test Two (Problem solving): worth 15% of the course;Final Exam: worth 50% of the course.To pass the terms requirements for this course and be eligible for a grade in this course:1. Students must complete all three pieces of assessment. This will mean that a student who is absent for one of the tests or the exam and has a Special Consideration Application approved for this absence will be required to sit a special test or exam in place of the one they have missed; and2. Students must be on the seating chart and in a discussion group.
McDonald, E., Optican, S. (eds); Principles of the Law of Evidence in Criminal Cases ; Thomson Reuters, 2018.
Domestic fee $806.00
International fee $3,775.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .