Order Description

 

 

1 Should Queensland adopt the uniform evidence legislation?
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2 “Cross-examination is the greatest legal engine ever invented for the discovery of truth” (Wigmore).
Discuss this statement in the context of R v Milat: A Case Study in Cross-Examination by Dan Howard (LexisNexis, 2014).
OR
3 “The constant conflict between the desirability of admitting all evidence having probative value on the one hand, and the desirability of excluding all evidence of a prejudicial nature on the other runs through a large part of the law of evidence. The problem of the admissibility of similar fact evidence reveals this conflict in its most intense form.” (Cowan and Carter, Essays on the Law of Evidence (1956) Clarendon Press, Oxford, at 108.)
Discuss this statement in the light of recent High Court authority on similar fact evidence.
OR
4 “Circumstantial evidence is a very tricky thing. It may seem to point to one thing, but if you shift your own point of view a little, you may find it pointing in an equally uncompromising manner to something entirely different.” (Arthur Conan Doyle, ‘The Boscombe Valley Mystery’.)
“There is nothing more deceptive than an obvious fact.” (Arthur Conan Doyle, ‘The Boscombe Valley Mystery’.)
Discuss these two quotations in the context of the law of circumstantial evidence in Australia.

 

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