Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime.

Article

Hemming, Andrew and Hudson, Emma. 2024. "Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime." Criminal Law Journal. 47 (2), pp. 180-198.
Article Title

Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime.

ERA Journal ID33234
Article CategoryArticle
AuthorsHemming, Andrew and Hudson, Emma
Journal TitleCriminal Law Journal
Journal Citation47 (2), pp. 180-198
Article Number7
Number of Pages19
Year2024
PublisherLawbook Co.
Place of PublicationAustralia
ISSN0314-1160
Web Address (URL)https://legal.thomsonreuters.com.au/criminal-law-journal-parts-bound-volumes/productdetail/72385
Abstract

In recent years, Australian jurisdictions have reformed the admissibility of propensity evidence, most particularly for sexual offences against children, but have left the admissibility of bad character evidence untouched. This article argues that Australia should follow the English example and comprehensively reform both propensity and bad character evidence by adopting the seven gateways model found in s 101 of the Criminal Justice Act 2003 (England and Wales), which makes it easier for the Crown to adduce propensity and bad character evidence into court. Australian law reform bodies and legal academics have virtually ignored this revolutionary development in England, which the authors argue is a major oversight that needs to be addressed in the context of re-balancing the criminal justice system in favour of the victims of crime.

KeywordsPropensity evidence - English 7 Gateways Model - Adoption in Australia - re-balancing the criminal justice system in favour of the victims of crime.
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
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Byline AffiliationsSchool of Law and Justice
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