Outline

Overview

This unit of study aims to teach students the laws of evidence as they operate in civil and criminal trials in Australia. The unit aims to introduce students to the adversarial context within which lawyers might encounter evidential issues in the course of a trial. Attention is given to differences between the civil trial and the accusatorial criminal trial. The unit considers the laws of evidence contained in legislation and the common law. This unit focuses on the Uniform Evidence Law (particularly, Evidence Act 1995 (NSW)) and develop students' skills in statutory interpretation. The unit considers the rules for adducing testimony and other forms of evidence; the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, and the discretions to exclude evidence); and principles relating to proof (including burdens and standards of proof, judicial notice, and missing evidence). The distinction between the roles of the trial judge (as tribunal of law) and the jury (as tribunal of fact) in the jury trial is highlighted. We consider the forces contributing to reform of evidence law, in particular in relation to the prosecution of adult and child sexual assault, and students are encouraged to think critically about the doctrines that govern the laws of evidence.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5003 or LAWS5023
Corequisites ?	None
Prohibitions ?	LAWS2016
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Rachel Killean, rachel.killean@sydney.edu.au
Lecturer(s)	Salim Farrar, salim.farrar@sydney.edu.au
	Roy Williams, roy.williams@sydney.edu.au
	Rachel Killean, rachel.killean@sydney.edu.au
	Stuart Lowe, stuart.lowe@sydney.edu.au

Assessment

The census date for this unit availability is 1 September 2025

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Written exam ?	Final Exam (60%) 2 hours writing time plus 30 minutes reading time	60%	Formal exam period	2 hours	AI prohibited
Outcomes assessed:
Out-of-class quiz	Early Feedback Task (0%) Online quiz	0%	Week 03 Due date: 22 Aug 2025 at 17:00 Closing date: 22 Aug 2025	Online multiple choice questions / 4 day	AI allowed
Outcomes assessed:
Written test ?	In-semester Test (40%) One problem question. 1 hour writing time plus 15 minutes reading time	40%	Week 06 Due date: 10 Sep 2025 at 10:00	1 hour	AI prohibited
Outcomes assessed:
= early feedback task ?

Assessment summary

Early Feedback task (0%): As part of our commitment to student success, this unit includes a required Early Feedback Task. This task is designed to provide students with timely insights into their understanding and engagement with the unit content. It serves as a diagnostic tool to identify areas of strength and areas needing improvement, ensuring that each student is on track for successful completion of the unit. The Early Feedback Task in this unit is an online multiple-choice quiz assessing material covered to the end of week 2. It will comprise multiple choice questions and will be an online task.

The task will be available on Canvas from 9:00am (Sydney, Australia time) on 18 August 2025 and must be completed by 5:00pm (Sydney, Australia time) on 22 August 2025 (Sydney, Australia time). This is a non-weighted task, and students will be provided with immediate, automated feedback, upon completion of the task.

In-semester test (40%): The in-semester test will be an "open book" on-campus supervised test with 1 hour writing time plus 15 minutes reading time. It will take place at 10:00 am (Sydney, Australia time) on 10 September 2025. The test will be made up of one problem question and will cover materials up to and including the hearsay rule and hearsay exceptions.

Final exam (60%): Compulsory 2 hours writing time plus 30 minutes reading time on-campus supervised examination. It will cover all the material studied in the unit. The supervised final exam will take place on-campus during the formal final examination period for Semester 2 (November 2025). The exam timetable will be released by the Exams Office in due course. Exam information is available at https://www.sydney.edu.au/students/exams/timetables.html.

Note: As the final exam will cover all the material studied in the unit, the "better mark" principle will apply. This means that if a student performs better on the final exam than on the in-semester test, only the final exam mark will be used to calculate the student's overall mark and grade.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to exams and tests and any late submission will not be accepted.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	1. Introduction to evidence law; 2. Relevance; 3. Proof (i) burdens and standards of proof	Seminar (4 hr)
Week 02	4. Adversarial Trial; 5. Adducing evidence – Witnesses	Seminar (4 hr)
Week 03	6. Documents, Real Evidence; 7. Credibility	Seminar (4 hr)
Week 04	8. Hearsay	Seminar (4 hr)
Week 05	8. Hearsay (ctd); Revision	Seminar (4 hr)
Week 07	9. Tendency and coincidence evidence; 10. Character of the accused	Seminar (4 hr)
Week 08	11. Opinion	Seminar (4 hr)
Week 10	12. Discretions; 13. Admissions	Seminar (4 hr)
Week 11	14. Self-incrimination; 15. Proof (ii) judicial notice, missing evidence, directions	Seminar (4 hr)
Week 12	16. Proof (ii) (ctd) Revision	Seminar (4 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Kumar, Peden and Tynan, Uniform Evidence Law: Commentary & Materials (2023, 7th ed)

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. identify, describe, and explain, at an advanced level, the issues, relevant rules, and fundamental principles of Evidence Law in NSW. This includes the adducing of evidence, admissibility, proof and miscellaneous matters within the context of the adversarial trial.
LO2. critically analyse novel fact scenarios to identify the evidential issues and applicable laws, applying knowledge of evidence law to evaluate arguments and effectively solve legal problems.
LO3. effectively synthesise theory, statutes and case law to develop sound written and oral legal arguments.
LO4. define the ethical and professional responsibilities of legal practitioners, appreciate the ethical dimensions of the adversarial trial, and apply the capacity to influence professional life in resolving individual conflict situations and engaging in policy debates.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

• We have made some changes to this unit, taking on board feedback from unit survey last year. Thanks to students from last year for their constructive suggestions. • Better-mark principle. As the final exam will assess all content, if you perform better in the final exam then that will count for your entire grade. We are conscious that evidence can be difficult to grasp initially, and we hope that this will allow you to perform to your potential in the overall mark. Based on last years assessments, we anticipate this will have a positive impact on overall marks. • We have added a revision/exam prep session immediately before the mid-semester exam. • The teaching team are discussing powerpoint slides (note, use of slides is optional and some colleagues do not use slides). Where used, slides will be made available in advance of class. • We will endeavour to focus on the main cases listed in the reading guide. Where additional cases are mentioned as illustrations but are not listed in the reading guide, these are not assessed content. • A discussion board will be available on Canvas. Please make use of that if you have any questions about content or the unit in general. Note, if your query is of a personal nature (eg special consideration) then feel free to email. We will include some FAQs from previous years. • We have received feedback about scheduling and venue. These are completely out of our control (they are managed by the central timetabling team). However, we have requested that all seminars should be held in the law annexe. • The library has a small number of licenses for online use of the textbook. We have requested that more licenses be acquired.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

LAWS5013: Evidence

Semester 2, 2025 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links