519 4/7794 Law Advice on Evidence Assignment

Assignment Task

Your Task:

You have been asked to provide an “Advice on Evidence” about the potential evidence which is available in relation to your client, Ken of Barbie Land, for his upcoming trial. Barbie Land is located on the Gold Coast, just near Main Beach, in the State of Queensland. Ken has been charged with the offences of arson (s.461 Criminal Code 1899 (Qld)) and fraud (s.408C Criminal Code 1899 (Qld)).

You are provided below with a list of the Crown’s intended witnesses, and evidence. Based on that information, you must advise Ken what items or information could become evidence in his trial and any relevant evidentiary rules, law, practices, and procedures which 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 that 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 but should change your format, if needed, for the assessment.

Questions

1. Re Mr Flame’s expert evidence

There are significant questions about what, if any, accelerants were used to start the fire. What are the issues and tests that will be utilised to determine whether Mr Flame can give evidence?

2. Re Ken giving evidence

Should Ken give evidence in relation to his evening habit of consuming whisky in bed, with a view to establishing that he did not have the requisite intent to commit arson? Should Ken consider getting his own independent expert? What are the pros and cons of each approach?

3. Re Skipper’s statement 

Should Ken consider calling Skipper to give evidence, to indicate that he arrived at the beach around 10? Is the Crown obliged to call Skipper to give evidence? Are the statements that Skipper attributes to Ken, and the rest of her evidence admissible, irrespective of who calls her? What issues could arise if Skipper is called to give evidence?

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