University : Griffith University UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : 5194LAW
Assignment Task:

Your task:
You have been asked to provide an “Advice on Evidence” with respect to the potential evidence that will be offered by the Crown against Mr Brett DeanCraigathis upcoming trial.He has been charged with the unlawful homicide of his former father-in-law, Mr Kel Knight.

You are now provided (below) with a list of the Crown’s intended witnesses, and evidence.  Based on that information, as you are acting as Counsel (i.e. a barrister), you must advise Mr Craig’s solicitor what items or information could become evidence in his trial, as well as in relation to any relevant evidential rules, law, practices and procedures which may relate to the potential evidence.  Please include careful explanations of the relevant law relating to evidence in your advice.  

As to format, you have been provided with an article by Kylie Downes of Counsel on the giving of an advice.  It may assist you to write your assignment.  There is no one correct format for an advice on evidence.  You may use Kylie Downes’ article as a guide, yet you should also tailor your format in the way you think best in the circumstances, as you would do in practice.

Counsel is instructed to advise on evidence in relation to this matter.

We anticipate that the matter will proceed to trial.  To assist in preparation for trial, please advise us regarding:

1. Any problems or challenges that could arise with the evidence (i.e. what issues could each side raise about the evidence)?  This should include a consideration of relevancy.

2. What items, including any documentary evidence or real evidence,may be inadmissible?

3. Whether there are any issues withthe taking of evidence from the potential witnesses?

4. Whether, based on your assessment of the evidence, there is adequate information for a jury to convict Mr Craig, of murder or manslaughter, if the evidence was accepted.

5. Any other evidential issues raised by your instructions.


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  • Uploaded By : Mia
  • Posted on : September 19th, 2018

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