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Book Cover
Book
Author Roberts, Andrew J., author

Title Critical perspectives on the uniform evidence law / editors, Andrew Roberts, Jeremy Gans
Published Annandale, NSW : Federation Press, 2017

Copies

Location Call no. Vol. Availability
 MELB  KN 390 K1 Gan/Cpo  AVAILABLE
 WATERFT LAW  KN 390 K1 Gan/Cpo  AVAILABLE
Description xxiv, 263 pages ; 25 cm
Contents Introduction / Andrew Roberts and Jeremy Gans -- 1. The uniform evidence law in the islands / Jeremy Gans -- 2. Adoption of the uniform evidence legislation : so far and no further? / Andrew Hemming -- 3. Uniform evidence law and the common law / SJ Odgers -- 4. Probative value, reliability, and rationality / Andrew Roberts -- 5. Knowing experts? Section 79, forensic science evidence and the limits of 'training, study or experience' / Gary Edmond and Kristy A Martire -- 6. The application of the uniform evidence law to delay in child sexual assault trials / Annie Cossins and Jane Goodman-Delahunty -- 7. The admissibility of complaint evidence : focusing on time is a waste of time / Miiko Kumar -- 8. Judicial warnings about unreliable evidence : why, when and how? / John Anderson -- 9. 'Tendency evidence' and 'coincidence evidence' in the criminal trial : what's the difference? / David Hamer -- 10. Confessions and admissions under the UEL / Mark Weinberg -- 11. Updating beliefs : rethinking the regulation of identification evidence under the UEL / Mehera San Roque -- 12. A question of 'desirability' : balancing and improperly obtained evidence in comparative perspective / Andrew L-T Choo -- 13. Assessing a person's truthfulness on either side of the Tasman : comparing the concepts of credibility and veracity / Elisabeth McDonald
Summary Critical Perspectives on the Uniform Evidence Law comprises a collection of writing by the leading academics and practitioners in the field. It provides sustained critical analysis of a range of issues, including the implications of adoption of the legislation in overseas jurisdictions and the obstacles to enactment in the 'hold-out' States of South Australia, Queensland and Western Australia. The contributions explore the UEL's relationship with the common law and provide critical analysis of the operation of the law in relation to: assessment of probative value; tendency and coincidence reasoning; the admissibility of complaint evidence in sexual offence trials; judicial warnings in respect of unreliable evidence; establishing the expertise of those providing expert opinion evidence; admissions and confessions; and identification evidence. The book also provides comparative analysis of the UEL's credibility provisions and its approach to the admissibility of improperly obtained evidence
Analysis Australian
Notes Includes bibliographical references and index
Bibliography Includes bibliographical references and index
Subject Evidence (Law)
Evidence (Law) -- Australia.
Author Gans, Jeremy, 1971- editor
Roberts, Andrew J., editor
ISBN 9781760021368