Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing 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: Rebalancing 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: Rebalancing the Criminal Justice System in Favour of the Victims of Crime |
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ERA Journal ID | 33234 |
Article Category | Article |
Authors | Hemming, Andrew and Hudson, Emma |
Journal Title | Criminal Law Journal |
Journal Citation | 47 (2), pp. 180-198 |
Number of Pages | 19 |
Year | 2024 |
Publisher | Lawbook Co. |
Place of Publication | Australia |
ISSN | 0314-1160 |
Web Address (URL) | https://search.informit.org/doi/10.3316/informit.T2024031700013701479904761 |
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 setion 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 rebalancing the criminal justice system in favour of the victims of crime. |
Keywords | Criminal Justice System; Crime |
ANZSRC Field of Research 2020 | 480401. Criminal law |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | School of Law and Justice |
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