This new work is a clear account of the law of evidence as it applies in the uniform evidence law jurisdictions of NSW, the Commonwealth, the Australian Capital Territory, and Tasmania. A significant feature of the book is that author Peter Bayne has integrated his discussion of the provisions of the Uniform Acts with his discussion of evidentiary principles. The result is a seamless analysis of the Uniform Evidence Law.
Practitioners who work in uniform evidence law jurisdictions will find the seamless exposition of the Code and principles valuable. Teachers and students will value the fact that the expositon is augmented by extracts of essential cases. Bayne's practical teaching experience informs every aspect of the structure, content, and approach of the discussion.
Table of Contents
CHAPTER 1: Introduction
CHAPTER 2: Relevance and fact-finding
CHAPTER 3: Some basics about trials and appeals
CHAPTER 4: Exclusion of admissible evidence and limiting directions
CHAPTER 5: Resolving factual uncertainty
CHAPTER 6: The credibility of a witness
CHAPTER 7: Tendency and co-incidence evidence
CHAPTER 8: The character of the accused
CHAPTER 9: Opinion evidence
CHAPTER 10: Documentary and real evidence
CHAPTER 11: The hearsay rules
CHAPTER 12: Admissions
CHAPTER 13: Identification evidence
CHAPTER 14: Estoppels, and convictions and judgments as evidence
CHAPTER 15: Witnesses and privileges
CHAPTER 16: The course of the trial
APPENDIX: Parts 1 and 2 of the Dictionary to the Evidence Act 1995 (Cth) (Selected parts)
"Sometimes, and this is one of them, it is excruciatingly difficult to commence a book review, not because of the lack of quality of the publication, but because it is so good you fear that you will not do it justice....
This is the second book that I have reviewed dealing with the uniform evidence law but this one deals with the nuts and bolts of it, rather than trying to compare differences between the old and the new or between States. The name does not say it all. It is much more than text accompanied by essential cases. The author has on a number of occasions, considered and dissected decisions, including relatively recent High Court decisions and, by analysis, suggested that in some cases their rationale is perhaps flawed or that subsequent decisions might see the interpretation of the Act applied differently in the future.
This is not an annotation of the Act, but more an in depth analysis of issues such as credibility, hearsay, prior inconsistent statements, prior consistent statements, admissions and denials, identification evidence, witnesses and privileges and the course of trial....
This is a first rate book. I can only echo the sentiments of Justice Carolyn Simpson who said in the foreword, "I commend Peter Bayne for this worthwhile attempt to refine the principles under which we now must act, and look forward personally to benefiting, in a practical way, from his efforts in this regard."
-- Tasmanian Law Society Newsletter, February 2004