LAWS13010: Evidence and Proof - Principles of the Law - Terra Nullius - Law Assignment Help

Assignment Task:

QUESTION:

Discuss whether and/or how Australia’s colonial legacy continues to affect First Australians in their interaction with the Australian laws of evidence.

Discussing the difficulties faced by Aboriginal witnesses in giving evidence – so, eg, verbal communication barriers (such as English as a second language, the nature of giving oral evidence in a question and answer format rather than via ¬narrative) and cultural issues (gratuitous concurrence, direct eye contact etc).

Using respectful language to refer to the First People of this land Australia, is very important for the strengthening bond between Aboriginal and Torres Strait Islander people and the wider Australian community. For the purpose of this essay, they will be respectfully referred to as Aboriginal and Torres Strait Islander peoples. This term is extensively used and has been widely accepted term when referring to Aboriginal peoples and Torres Strait Islanders.

EXERCISE:
You have been assigned a research question. The question requires you to research and consider the principles of the law of evidence in analysis and response to the question. You will be required to submit a written response.

Introduction:

1788 marked the start of the British arriving in Australia and declaring it Terra Nullius. The colonisation of Australia by the British had a catastrophic impact on Indigenous and Torres Strait Islander peoples’. Prior to British settlement, there were hundreds of Aboriginal and Torres Strait Islander groups that inhabited Australia, with a total population of approximately 750,000 people. The laws and policies that were introduced in Australia due to British settlement, had a detrimental impact on Aboriginal and Torres Strait Islander peoples’. Australia’s colonial legacy has had a continual effect on Aboriginal and Torres Strait Islander peoples’in regards to the Australian laws of evidence. There has been evidence that courtroom procedures and practices associated with the adversarial system operate to the detriment of many Aboriginal and Torres Strait Islander peoples. For the purpose of this assessment, the difficulties faced by Aboriginal and Torres Strait witnesses in giving evidence will be thoroughly analysed.  

The case of R v Anunga was a landmark case.

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