Evidence

Admissions

“Bashing Cunning Constables, Torching ERISP Interviews – An Anarchist’s Guide to Section 84 of the Evidence Act 1995 (NSW).”  Mark Dennis – March 2017

“Oppressive Conduct and Section 84 of the Evidence Act 1995 (NSW) – A Case Study Concerning R v Sumpton [2014] NSWSC 1432.” Mark Dennnis – May 2015

“Excluding ERISP’s Of Clients With An Intellectual Disability” Elizabeth Nicholson – May 2015

“Excluding Admissions” Arjun Chhabra – May 2015

“The Voir Dire, Section 138 and Roadside ERISP’s” Mark Davies – March 2014

“Admissibility of Admissions – Aboriginal and Torres Strait Islanders Suspects” Her Honour Judge Yehia SC – August 2012 (link to PD website)

“The Gathering and Adducing of Admissions in NSW and The ACT” Stephen Lawrence – August 2012

“Admissibility Issues Arising From Detention of Suspects for Investigation Under Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)” Stephen Lawrence – March 2012

“Excluding Evidence of Admissions” Her Honour Judge Yehia SC – March 2010 (link to PD website)

Browne v Dunn (The rule in Browne v Dunn)

“Evidence Update on The Application of the Rule in Browne v Dunn in Criminal Trials” Sophia Beckett – August 2012

Children’s Court and Evidence

“Competence of Children to Give Evidence in Criminal Proceedings & Cross-Examination of Child Witnesses” Nerissa Keay – August 2013

“Evidence As It Relates to Children and Young People” Angela Cook – November 2011.

Circumstantial Evidence

“Circumstantial Evidence in Criminal Cases” Ian Barker QC – June 2010

Commentary on The Evidence Act 1995 (NSW)

“A Working Guide to the Evidence Act(s)” Anton Hughes – October 2013

“The Evidence Act 1995 (NSW) – Important Provisions Relating to the Conduct of Criminal Proceedings” Chris Maxwell QC – November 2009

Competence and Compellability

“Witnesses in Criminal Proceedings” Stephen Lawrence – March 2017

“Competence of Children to Give Evidence in Criminal Proceedings & Cross-Examination of Child Witnesses” Nerissa Keay – August 2013

“The Three C’s – Competence, Compellability and Credibility” John Nicholson SC and Elizabeth Nicholson – June 2013

Context Evidence

“Context Evidence (and how it differs from Tendency and Coincidence Evidence)” Arjun Chhabra – March 2016

Continuity Evidence

“Continuity Evidence in Criminal Cases” Benjamin Pierce – November 2011

Credibility Evidence

“Cut and Paste Credibility Evidence” Benjamin Pierce – November 2014

“The Three C’s – Competence, Compellability and Credibility” John Nicholson SC and Elizabeth Nicholson – June 2013

“Credibility Evidence – Attack and Defence” Tom Quilter May 2013

“A Practical Approach to the Credibility Rule – When Why and How” Michelle Fernando – August 2012

“Powerpoint Presentation accompanying A Practical Approach to the Credibility Rule – When Why and How” Michelle Fernando – August 2012

“Credibility Evidence in Criminal Proceedings” Mark Dennis – June 2011

Discretionary and Mandatory Exclusion

“Section 90 of the Evidence Act: An Overview / Mechanics of the Provision” Arjun Chhabra – September 2015

“Exclusion of Evidence – Thinking Strategically.” His Honour Judge Haesler SC – August 2015

“Is The Weight of the Evidence Material To Its Admissibility?” The Honourable Dyson Heydon AC QC – Paul Byrne SC Memorial Lecture – October 2014 (link to Austlii site)

“The Voir Dire, Section 138 and Roadside ERISP’s” Mark Davies – March 2014

“Excluding Evidence Under Section 137 of the Evidence Act 1995 (NSW).” Richard Leary – December 2013

“Reckless Conduct and Section 138 of the Evidence Act” Arjun Chhabra – December 2012

“Judicial Discretions” Lloyd Babb SC, Director of Public Prosecutions (NSW) – April 2012 (link to ODPP site)

Documents

“The Use of Documents in Cross-Examination and Evidence in Chief in Criminal Trials” Dina Yehia SC – October 2010 (link to PD website)

Domestic Violence Evidentiary Provisions

“Domestic Violence Evidence in Chief (DVEC)”  Rob Hoyles – December 2015

“Evidence In Chief Reforms For Victims of Domestic Violence – Practical Issues For Defence Lawyers.” Nerissa Keay – July 2015

Experts

“Preparing & Presenting Your Expert” Hugh Selby – July 2015

“Expert Evidence” Her Honour Judge Dina Yehia SC – May 2015

“The Admissibility of Expert Evidence Under The Uniform Evidence Act” – The Honourable Justice Peter McClellan AM – October 2009 (link to Supreme Court site)

Hearsay

“Hearsay II – The Children of Adam” Paul Townsend – June 2010

“Hearsay” Paul Townsend – July 2009

“The Hearsay Rule in the Children’s Court” His Honour Judge Haesler SC – May 2009 (link to PD website)

Hypotheticals

“Hypotheticals on Evidence” Chris Maxwell QC – September 2011

“Hypotheticals on Evidence” Chris Maxwell QC – November 2009

Identification

” ‘Would I Lie To You?’ An Examination of Eyewitness Testimony in a Criminal Trial.” Her Honour Judge Penelope Wass SC – June 2016

“Identification Evidence” Mark Dennis – March 2017

Impermissible Questions

“Impermissible Questions Asked by Police in Records of Interview and Prosecutors in Cross-Examination” Paul Townsend and Lester Fernandez – July 2006

Opinion Evidence

“Lay Opinion Evidence” Brian Hancock – September 2014 (link to PD website)

Self-Incrimination and The Right to Silence

“The Right to Silence – How It Operates in England and Wales” Colin Wells – July 2013 (link to PD site).

“Right To Silence” Troy Edwards – May 2013

“The Attack on the Right to Silence, An English Method in the Antipodes – ‘Should We Worry?’ “ Daniel Smyth – April 2013

“Watering Down The RIght To Silence” Kenneth Averre MBE – April 2013

“The Attack on the Right to Silence” Phillip Boulten SC – February 2013

“NSW Right to Silence Reforms” Associate Pofessor David Hamer – February 2013

“Address to NSW Labor Lawyers Re The Proposed Amendment To The Right To Silence” Samuel Pararajasingham – November 2012

“The Modified Right To Silence: The Experience From England and Wales” Jake Harris – November 2012

“Certificates to Protect Against Self-Incrimination under s.128 of the Evidence Act 1995 (NSW) and s.61 of the Coroners Act 2009 (NSW)” John Agius SC – October 2010

“The Right to Silence” Rosmarie Lambert – June 2010

Sexual Assault Communications Privilege

“Sexual Assault Communications Privilege” Ian Nash – February 2014 (link to PD site)

“Sexual Assault Communication Privilege” Angela Cook – June 2013

“The Role of the Sexual Assault Communications Privilege Lawyer” Rosemarie Lambert – August 2012

Tendency and Coincidence

“Context Evidence (and how it differs from Tendency and Coincidence Evidence)” Arjun Chhabra – March 2016

“Tendency, Coincidence & Joint Trials.” Tim Game SC, Julia Roy and Georgia Huxley – September 2015

“Zombie Slayers and Mexican Standoffs – Current Issues in Tendency Law.” Michael King – July 2015

“Uniformity And Similarity? Tendency Evidence Under the Uniform Evidence Law” The Honourable Justice M J Beazley AO – October 2014 (link to NSW Supreme Court site)

“Tendency and Coincidence Evidence” Craig Smith – July 2013 (link to PD site)

Powerpoint presentation accompanying “Tendency and Coincidence Evidence” Craig Smith – July 2013 (link to PD site)

“Tendency and Coincidence Evidence in Criminal Cases” Ian Barker QC – November 2011

“Tendency and Coincidence Evidence” Her Honour Judge Yehia SC – November 2011 (link to PD site)

“Arguing the Admisssibility of Tendency Evidence – An Interactive Case Scenario” Chris Maxwell QC – March 2011

“Tendency and Coincidence Evidence” John Stratton SC – September 2008 (link to PD website)

Trials – Evidentiary Issues

“Evidentiary Issues Arising in Joint Criminal Trials” Simon Buchen – November 2011.

Voir Dire

“The Voir Dire, Section 138 and Roadside ERISP’s” Mark Davies – March 2014

“Running a Voir Dire in the Local Court” Paul Townsend and Lester Fernandez – October 2006

Vulnerable Witnesses

“Issues For the Defence in Trials With Pre-Recorded Evidence of the Vulnerable Witnesses” Scott Corish – June 2015

Witnesses

“Witnesses in Criminal Proceedings” Stephen Lawrence – March 2017

“Issues For the Defence in Trials With Pre-Recorded Evidence of the Vulnerable Witnesses” Scott Corish – June 2015

Memory, Law and Litigation Philip Strickland SC – September 2011

“Dealing With Absent and Unfavourable Witnesses in the Local Court” Tom Quilter – July 2008