Studying online
There are now 2 possible online modes for units:
Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.
Click on an offering mode for more details.
Unit Overview
- Description
This unit, the first of two parts, provides a basic understanding of the law of evidence in an investigative context. By commencing from first principles it breaks down common misconceptions. Students find the course intellectually challenging and of immediate and ongoing practical relevance, leading to an improvement in the rigour of evidence gathering and criminal prosecutions. It draws upon the practical experience of lecturers and students and there is opportunity for reflection during the unit. Topics covered include common law, legislation, policy, role play, practical exercises, case studies and sharing of experiences relevant to the outcomes listed above.
- Credit
- 6 points
- Outcomes
- Students are able to (1) understand and apply relevant case law and legislation including the Evidence Act 1906 (WA), the Criminal Investigation Act 2004 (WA), the Criminal Code 1913 (WA) and the Criminal Procedure Act 2004 (WA); (2) understand the concepts of relevance, admissibility, disclosure, probative value and prejudice, the burden of proof, the distinction between the evidentiary and legal burdens, the standard of proof in specific cases, practical aspects of evidence collection and continuity, judicial notice and presumptions, and privilege; (3) appreciate the course of evidence in a trial, including the role of pretrial hearings including severance, the 'voir dire', 'evidence in chief', 'cross examination', 're-examination', 're-opening', addresses and the roles of the various participants; (4) understand and apply the rule against hearsay, including the use of documentary evidence, the use of prior inconsistent and consistent statements and 'recent complaint', doctrine of res gestae; (5) understand concepts of competence and compellability of witnesses, understand when and why corroboration of witnesses is required, the special rules regarding the accused as a witness; the rules relating to special witnesses (e.g. children, non-English speaking and the 'mentally impaired'), the use of good and bad character evidence; and (6) identify situations where the rules of evidence may not strictly apply.
- Assessment
This comprises weekly problem tests, student presentations of case studies and a major essay. The assessments are designed to assess research ability, critical/analytical skills, and the application of learning in an investigative context.
Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.
- Unit Coordinator(s)
- Associate Professor Daniel Franklin
- Unit rules
- Advisable prior study
- practical experience in criminal investigations.
precourse training in legal writing and research
- Contact hours
- lectures and seminars: 36 hours over 1.5 weeks
- Text
-
Ligertwood, A. and Edmond, G. Australian Evidence: a Principled Approach to the Common Law, 5th edn: LexisNexis 2010
- Recommended
reading -
Heydon, J. D. Cross on Evidence, 8th edn: LexisNexis Butterworths 2010
Cook, C. et al. Laying Down the Law, 7th edn: LexisNexis Butterworths 2009
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
- Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.
Face to face
Predominantly face-to-face. On campus attendance required to complete this unit. May have accompanying resources online.
Online flexible
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit is asynchronous delivery, with NO requirement for students to participate online at specific times.
Online timetabled
100% Online Unit. NO campus face-to-face attendance is required to complete this unit. All study requirements are online only. Unit includes some synchronous components, with a requirement for students to participate online at specific times.
Online Restricted
Not available for self-enrolment. Students access this mode by contacting their student office through AskUWA. 100% Online Unit.
NO campus face-to-face attendance. All study and assessment requirements are online only. Unit includes some timetabled activities, with a requirement for students to participate online at specific times. In exceptional cases (noted in the Handbook) students may be required to participate in face-to-face laboratory classes when a return to UWA’s Crawley campus becomes possible in order to be awarded a final grade.
External
No attendance or regular contact is required, and all study requirements are completed either via correspondence and/or online submission.
Off-campus
Regular attendance is not required, but student attends the institution face to face on an agreed schedule for purposes of supervision and/or instruction.
Multi-mode
Multiple modes of delivery. Unit includes a mix of online and on-campus study requirements. On campus attendance for some activities is required to complete this unit.