Course coordinator
Dr Rebecca Wallis
I am available for consultation by appointment. Please email me at r.wallis1@uq.edu.au to arrange a mutually convenient time.
Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course is a critical examination of the law and practice relating to evidence in civil and criminal proceedings in Queensland and under the uniform legislation operating in some other parts of Australia. The course involves an analysis of the underlying principles of the law of evidence, and involves an examination of contentious evidentiary issues through a comparative and international perspective.
LAWS4700 involves the study of the law governing admissibility of evidence. The course will concentrate on the law of evidence in Queensland, which is made up of legislation and common law. It also makes reference to the Commonwealth law of evidence, particularly where there are interesting comparisons to be drawn. The topics to be covered are set out in the Learning Activities section of this profile and in more detail on the course Blackboard site. The approach that we will take throughout this course is not merely to study and learn the principles and rules of evidence, but to look at the way the rules work in practice, and analyse them critically, at times with the help of comparative perspectives. Throughout this course we also reflect on theoretical and conceptual issues to do with the nature of proof, and of relevance.ﾠ
The RJ Bulley 1960 Prize: The student with the highest marks inﾠLAWS4700 will be recommended for this prize.
Course requirements
Assumed background
Students who do not follow the recommended study plan for their program do so at their own risk.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
#24 LAWS courses
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS4014 or 5216
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Tutor
Dr Andrew Curtin
Mr Timothy Madigan
Timetable
The timetable for this course is available on the UQ Public Timetable.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
This course aims to provide students with:
- A sound knowledge of the law of evidence in Queensland, including relevant case law and statutory provisions, and relevant comparative aspects of the law of evidence in other Australian jurisdictions;
- An opportunity to demonstrate an understanding of the rules of procedure and practical considerations when applying the law of evidence in Queensland;ﾠ
- An opportunity to apply the relevant rules, principles, and strategies of the law of evidence in hypothetical situations;ﾠ
- An understanding of the underlying rationale for the main rules and principles of the law of evidence; and
- An opportunity to develop critical evaluation skills regarding the law of evidence in Queensland, its policy dimensions and operation in practice, including some comparison with the rules of evidence in other jurisdictions.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate a sound knowledge of the law of evidence in Queensland, including relevant case law and statutory provisions, and relevant comparative aspects of the law of evidence in other Australian jurisdictions;
LO2.
Demonstrate an understanding of the rules of procedure and practical considerations when applying the law of evidence in Queensland;
LO3.
Apply the relevant rules, principles and strategies of the law of evidence in hypothetical situations;
LO4.
Explain the underlying rationale for the main rules and principles of the law of evidence; and
LO5.
Critically evaluate the law of evidence in Queensland, its policy dimensions and operation in practice, including some comparison with the rules of evidence in other jurisdictions.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation | Court Visit and Report | 45% |
30/09/2024 2:00 pm |
| Examination |
End-of-semester Exam
|
55% |
End of Semester Exam Period 2/11/2024 - 16/11/2024 |
Assessment details
Court Visit and Report
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 45%
- Due date
30/09/2024 2:00 pm
- Learning outcomes
- L01, L02, L04, L05
Task description
Students are required to visit the Supreme or District Court and observe part or all of a trial, either criminal or civil. The matter must be a trial, rather than an appeal, a s590AA hearing, or a hearing of some other kind (eg. a sentencing decision). In general, the minimum expectation for court observation is approximately half of one day of court, although many students may choose to observe more than this. Students must submit a written report that reflects on the evidential aspects of the case observed and examines a question of evidence law reform. The maximum word length for this assignment is 2500. A variation of 10% (i.e. up to 2750) will be accepted. Beyond this, students' papers will not be marked. A more detailed set of instructions, further practical guidance, and marking criteria is supplied in the Assessment Folder in the course Blackboard site.
In the event of disruption during the semester that requires an alternative to in-person attendance at a court, students should contact the Course Coordinator.
This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.
Submission guidelines
Court Reports must be submitted via the TurnItIn submission point in the Assessment folder on the course Blackboard site
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
End-of-semester Exam
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 55%
- Due date
End of Semester Exam Period
2/11/2024 - 16/11/2024
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
Any written or printed material is permitted in the exam; it may also be annotated. The exam will comprise a mix of problem-based and essay-style questions - one or more of the questions may be broken down into individual parts. The examination paper will indicate the marks allocated to each question (and to individual parts within a question where applicable). All topics covered in lectures and seminars are potentially examinable. Further information regarding the format of the final exam, and detailed marking criteria, will be provided in lectures and on the course Blackboard site.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) tools will not be permitted. Any attempted use of Generative AI may constitute student misconduct under the Student Code of Conduct.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Open Book examination |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Additional course grading information
See Blackboard Site for further Information.
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 13 |
Lecture |
Lectures Details regarding the structure and content of lectures are provided on the course Blackboard site. The lecture topics include: 1: Evidence and the Trial - An introduction to the course and to key issues and concepts relevant to the law of evidence 2: Building and proving a case - burdens and standards of proof, types of evidence, and what is 'relevant' evidence? 3: Drawing inferences from evidence - direct and circumstantial evidence, assessing reliability, credit, credibility, and how the rules of evidence attempt to protect against the drawing of improper or erroneous inferences 4: The Complainant, The Accused, and Witnesses - who can give evidence, who cannot, what rules apply to different parties, and what privileges might apply? 5: Rules of examination - what can be asked, of whom, and how? Professionalism and fairness when adducing evidence. 6: An introduction to exclusionary rules and the concept of 'hearsay' - an overview of the kinds of evidence that are prima facie inadmissible, and consideration of what is and is not 'hearsay'. 7: Exceptions to the rule against hearsay - an overview of the common law exceptions to the rule against hearsay, with particular focus on res gestae and admissions/confessions 8: Exceptions to the rule against hearsay - an overview of exceptions in legislation, with particular focus on the admissibility of statements and representations, and of books of account and other documents. 9: Character and propensity evidence - an overview of 'character evidence' and its admissibility/inadmissibility, with a particular focus on the 'bad character' of the accused and tendency/coincidence evidence. 10: Managing (Expert) opinion evidence and other kinds of issues - an overview of the rules governing expert opinion evidence and exploration of other kinds of potentially problematic evidence (from, e.g., eyewitnesses, informers, co-accused) 11: Sexual offences, domestic and family violence offences, and offences involving children and other vulnerable witnesses - understanding the different or additional rules that may apply in these contexts 12: Dealing with problems - how to exclude inadmissible evidence, exercising judicial discretion to exclude, judicial directions or comments on evidence during trial, and how errors may ground appeals 13: Fitting the pieces together - applying the law to the facts of a case and addressing the evidential issues that arise Learning outcomes: L01, L02, L03, L04, L05 |
Multiple weeks From Week 2 To Week 12 |
Tutorial |
Tutorials Details regarding the structure and content of tutorials are provided on the course Blackboard site, together with the relevant tutorial activity for each week. There are 10 tutorials in this course. Tutorials begin in week 2 and there is no tutorial in week 1, week 4, or week 13. Learning outcomes: L01, L02, L03, L04, L05 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: