Evidence Resources and an Introduction to Mooting for students studying LAW2ECP at La Trobe University

1. latrobe.edu.au CRICOS Provider 00115M
LAW2ECP- Evidence and Criminal Procedure
Week 6 Onwards: Evidence and Examination by Moot
Kate Freedman, Senior Learning Advisor (Library) Law.
April 2016

2. Evidence

3. 3La Trobe University
Evidence Act 2008 (Vic)
You will need a copy for the rest of semester and the Examination-by-moot
• The latest authorised version is 221 pages long.
• It may be wise to pick a quiet time in the library to print it out.
• To get the act:
 Law Expert Help Guide
 Victorian Legislation
 Victorian Law Today
 Select Acts, and E.
 Open the Evidence Act
 Use the Authorised Version.

4. 4La Trobe University
Cross on Evidence
• From the LMS, Go to the LAW2ECP Assessment Help Library Guide
(down the bottom on the left).
• Cross on Evidence is similar to the printed edition
BUT
• More up to date
• Cross references to cases and legislation
• Works the same as Halsbury’s Laws
of Australia

5. 5La Trobe University
Cross on Evidence
Browse for the Definition of Legal Burden of Proof:
• Chapter 4- The Burden of Proof and Presumptions
• Section 1- Different types of Burden of Proof
• B – Legal Burden
• Definition - Legal Burden
Try finding the section about:
1. The competency of the accused under modern
law as a witness for the defence
2. The exception of hearsay upon hearsay as a
dying declaration of a statement from a
deceased person

6. 6La Trobe University
Cross on Evidence
Search for the Definition of Legal Burden of Proof:
• Search Screen
• Legal burden of proof
• 4th Result- Definition - Legal Burden
Try searching for the section about:
1. The Opinion of an Expert Witness
(hint: use expertise of witness)
2. Res Gestae as Original Evidence examples

7. 7La Trobe University
Searching for Cases: Casebase
Topic Searching: Find a case on the topic of unfavourable evidence?
• Using topic search
• 21 results
• Using catchword search
• Much narrower results (11 results)
• Truncation
• Don’t forget Lexis Nexis uses (!)
• admissib! gives admissible,
admissibility…

8. 8La Trobe University
Searching for Cases: Casebase
Searching for Legislation Judicially Considered?
• Search for cases that are about section 55
of the Evidence Act 2008 (Vic)
• Search for cases on section 142 of the Evidence Act 2008 (Vic)
• Search for cases on section 81 of the Evidence Act 2008 (Vic)

9. 9La Trobe University
Uniform Evidence Manual
• Access via the LAW2ECP Assessment Help Library Guide
• Browse or Search
• The manual follows the structure of the act. It provides commentary on each
substantive section of the act, but does not reproduce the act.
• Browse to see Part 3.9
• Search is very basic, each word is searched
separately- use browse where possible.
• Introduction to Changes 
• DIY Knowledge Tests (very useful: do in your own time)
• Flowcharts- very useful.

10. Mooting-
Watch the Mooting Videos linked to on the Assessment Help
Library Guide.

11. 11La Trobe University
In Conclusion: Be Prepared
• Know the Problem
• Know the Legislation
• Practice, Practice, Practice
For help contact Kate Freedman:
K.freedman@latrobe.edu.au

12. 12La Trobe University
Answers
Cross on Evidence
Browsing:
1. Section 13090 (Chapter 7; Section 2; D- The accused; As a witness for the defence; Accused
competent for the defence)
2. Section 33305 (Chapter 17; Section 1; E-Dying declarations; conditions of admissibility; Hearsay upon
Hearsay)
Searching:
1. Section 29060- use expertise of witness to search
2. Section 37145- use res gestae original evidence examples to search
CaseBase: Searching for Cases
1. 4 results
2. 3 results