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Evidence Law in Queensland Twelfth Edition
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Evidence Law in Queensland Twelfth Edition

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Overview
ISBN 9780455501055 New Release 20 July 2018
Description

Evidence Law in Queensland 12th Edition provides practitioners and students alike with reliable, up-to-date and comprehensive commentary on the Evidence Act 1977 (Qld).

John Forbes has applied his expertise in eleven previous editions and once again delivers an authoritative resource for practitioners, law enforcement professionals and students.

The 12th Edition incorporates fresh analysis of legislative and case law developments since May 2016, and renews this title's well-earned reputation for providing essential guidance to the law and practice of evidence in Queensland.

NEW TO THE 12TH EDITION

Significant legislative changes captured in the Twelfth Edition include:

  • Amendments by the Victims of Crime Assistance and Other Legislation Amendment Act 2017 (Qld) to create a new species of statutory privilege, known as “sexual assault counselling privilege”; and
  • Passage of the Criminal Law Amendment Act 2017 (Qld) with the effect of:
    • Excluding all but the alleged offender from the courtroom when a pre-trial recording by a “special witness” or an “affected child” is played in court (ss.21AAA and 21AU).
    • Prescribing notification periods of an intention to adduce DNA evidence must be given to all other parties at least 10 days before the hearing.

Important matters considered in case law since the last edition include:

  • “Reasonable doubt”:  Refreshing consideration of the term in The Queen v Dookheea [HCA 2017] with a direction that the criminal standard requires proof not beyond any doubt but beyond reasonable doubt passed muster, with a comment endorsed by six judges;
  • “Crown privilege”:  Claims that Crown privilege are determined not by the executive government, but by the judiciary received a boost in recent decisions giving effect to the judicial prerogative, ensuring it is a matter of reality, and not merely of form;
  • “Unrepresented litigants” receiving judicial advice and the litigant’s ability to claim unfair trial;
  • “DNA evidence”:  Evidence of an “innocent transfer” of potentially incriminating DNA considered;
  • “Expert evidence”: A less rigorous approach to the basic rule that the factual foundation of a scientific opinion must be proved by admissible and acceptable evidence before, during or after the expert testifies.
  • “Medical certificates”: A more critical approach to the tendering of peremptory medical certificates;
  • “Unfavourable witnesses”: a discretion to refuse leave when reliance on the federal evidence Act’s definition is seen as too far-fetched.
  • “Judicial notice”: Expansion of the category of common knowledge not requiring strict proof.
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