Session 5: Evidence

This session includes a presentation by Chief Judge Brian Devereaux and Judge Brad Farr, the District Court of Queensland on Evidence with respect to hearing corruption related offences. The session includes:

• Analysing a charge using the offence of misappropriation
• Particulars
• Indictment
• Offence of fraud – assessing dishonesty – intention to defraud
• Defence of honest claim of right
• Conspiracy to defraud.

You are invited to consider a case scenario that explores the application of the law relating to evidence in fraud and corruption cases to a fact situation in your jurisdiction. You are invited to: 

• Critically analyse the facts of the case and elements of alleged offences;
• Apply relevant provisions of your domestic law; and you are asked to also
• Outline the reasoning underpinning your decision.

Presentation

• Evidence (PPSX, 1.2 MB) | (PDF, 2 MB)

Readings

• Case scenario

Additional resources

• Session Recordings by Chief Judge Devereaux:
• Importance of evidence ( MP4, 271 MB, 1:48 minutes)
• Admissibility of documents ( MP4, 271 MB, 1:48 minutes)
• Circumstantial evidence ( MP4, 191 MB, 1:16 minutes)
• Expert witnesses ( MP4, 125 MB, 0:50 minutes)
• The co-conspirator rule ( MP4, 139 MB, 0:56 minutes)
• Defences ( MP4, 117 MB, 0:47 minutes)
• Reaching your decision ( MP4, 181 MB, 1:12 minutes)