evidence common law authorities

Question 1

Em v R

Answer 1

was it given of own free volition

Question 2

Lee

Answer 2

Induced by promise

Question 3

R v Long

Answer 3

Was the confession reliable

Question 4

Ireland

Answer 4

Evidence obtained against public policy

Question 5

Christie/Lee

Answer 5

Improperly obtained evidence

Question 6

R v Noonan

Answer 6

Presumption of continuance

Question 7

Anchor Products v Hedges

Answer 7

Res Ipsa Loquitur

Question 8

McKinney

Answer 8

improperly obtained confessions

Question 9

Longman

Answer 9

forensic disadvantage

Question 10

Domican

Answer 10

direction when there’s ID evidence

Question 11

Alexander v R

Answer 11

Visual ID

Question 12

Weal v Bottom

Answer 12

Expert by experience

Question 13

R v Holmes

Answer 13

Lay opinion

Question 14

Makita v Sprowles

Answer 14

Expert evidence

Question 15

West Oz v Montani hearsay exception

Answer 15

declaration as to cause of death

Question 16

The Henry Coxon hearsay exception

Answer 16

In the course of duty

Question 17

Higham v Ridgway hearsay exception

Answer 17

against pecuniary interest

Question 18

Edwards v R hearsay exception

Answer 18

Informal admission

Question 19

Perry v R hearsay exception

Answer 19

A persons contemporaneous statements about his own health. A person’s instantaneous reaction to an event such as nausea, physical pain, or overpowering depression.

Question 20

Pallante v Stadiums

Answer 20

evidence in previous proceedings

Question 21

Holloway v McFeeters

Answer 21

Assertion by conduct

Question 22

Ratten v R

Answer 22

Implied hearsay

Question 23

Teper v R

Answer 23

Reasons why hearsay is unreliable

Question 24

Subramamian

Answer 24

Hearsay

Question 25

R v Rowton

Answer 25

evidence of an accused’s good character

Question 26

DPP v Boardman

Answer 26

guard against forbidden reasoning

Question 27

Butera v DPP

Answer 27

Best evidence rule

Question 28

R v Parker

Answer 28

prior consistent statements

Question 29

R v Chin

Answer 29

Case splitting

Question 30

Mooney v James

Answer 30

Leading questions @ common law

Question 31

Piddington v Bennett & Wood

Answer 31

Finality rule

Question 32

R v Umanski

Answer 32

Bias statement is an indication a witness may be hostile

Question 33

McLellan v Bowyer

Answer 33

Prior inconsistent statement is an indication a witness may be hostile

Question 34

R v Hayden & Slattery

Answer 34

Definition of hostile witness

Question 35

Browne v Dunn

Answer 35

Fairness in cross examination

Question 36

Dyers v R

Answer 36

Must not speculate about what a witness might have said

Question 37

Jones v Dunkel

Answer 37

Inference for a failure to give evidence

Question 38

Rhesa Shipping v Edmunds

Answer 38

Perfectly appropriate to find in favour of the defendant in a finely balanced case

Question 39

Briginshaw

Answer 39

Civil standard of proof
More persuasion if criminal or fraudulent allegations exist

Question 40

Davies v Taylor

Answer 40

odds of 51 to 49

Question 41

May v O’Sullivan

Answer 41

No case to answer

Question 42

Woolmington v DPP

Answer 42

Criminal standard of proof

Question 43

Weissensteiner

Answer 43

When a judge may comment on a failure to give evidence

Question 44

Smith v R

Answer 44

Sufficient relevance

Question 45

R v Stephenson

Answer 45

sufficient relevance

Question 46

IMM

Answer 46

Relevant evidence must be accepted as true

Question 47

Re Van Beelan

Answer 47

Definition of relevance.
Common law test to refresh memory

Question 48

what’s the opposite of hearsay

Answer 48

What’s the opposite of original evidence