A/Pr Andrew Hemming

A/Pr Andrew Hemming
NameA/Pr Andrew Hemming
Email Addressandrew.hemming@unisq.edu.au
Job TitleAssociate Professor (Law)
QualificationsBA Dublin, GCertEd Hull, LLB(Hons) CDU, MA Dublin, MSc Salford, MUrbanPlan Melb, PhD CDU
DepartmentSchool of Law and Justice
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BA
Dublin
1973
GCertEd
Hull
1974
LLB(Hons)
CDU
2011
MA
Dublin
1975
MSc
Salford
1976
MUrbanPlan
Melb
1982
PhD
CDU
2014

Completed Supervisions

Research TitleSupervisor TypeLevel of StudyCompleted
Bad Character and Similar Fact Evidence in Australia: Is there a case for change and could Britain have the answerPrincipal SupervisorMasters2023

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

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.

Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia's COVID-19 Response

Hemming, Andrew. 2024. "Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia's COVID-19 Response." Australian Law Journal. 98 (8), pp. 578-595.

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.

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.

Criminal Procedure in Australia

Hemming, Andrew, Feld, Francine and Anthony, Thalia. 2024. Criminal Procedure in Australia. Australia. Lexis Nexis.

Criminal Procedure: LexisNexis Questions and Answers

Hemming, Andrew. 2023. Criminal Procedure: LexisNexis Questions and Answers. Australia. Lexis Nexis.

Lost in Translation: The Wrongful Conviction of Kathleen Folbigg Based on Fresh Medical Evidence and Expert Interpretation of Her Diaries

Hum, Fiona and Hemming, Andrew. 2023. "Lost in Translation: The Wrongful Conviction of Kathleen Folbigg Based on Fresh Medical Evidence and Expert Interpretation of Her Diaries." Australian Law Journal. 97 (3), pp. 180-195.

Criminal Responsibility: Older but No Wiser

Hemming, Andrew. 2023. "Criminal Responsibility: Older but No Wiser." Criminal Law Journal. 46 (5), pp. 301-315.

Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law

Hemming, Andrew. 2023. "Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law." Australian Journal of Law and Religion. 3, pp. 69-90. https://doi.org/10.55803/K470X

Evidence Law in Qld, SA and WA, 2nd ed.

Hemming, Andrew. 2022. Evidence Law in Qld, SA and WA, 2nd ed. Sydney, Australia. Lawbook Co..

Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science

Hum, Fiona and Hemming, Andrew. 2022. "Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science." Criminal Law Journal. 46 (3), pp. 151-169.

Why the Jury in Pell v The Queen Must Have Had a Doubt and the High Court was Right to Quash the Guilty Verdicts

Hemming, Andrew. 2022. "Why the Jury in Pell v The Queen Must Have Had a Doubt and the High Court was Right to Quash the Guilty Verdicts." Australian Journal of Law and Religion. 1 (1), pp. 57-75.

Under What Circumstances is the Shield Against Self-Incrimination Lowered in a Civil Action?

Hemming, Andrew. 2022. "Under What Circumstances is the Shield Against Self-Incrimination Lowered in a Civil Action?" Lincoln Memorial University Law Review. 9 (2), pp. 20-72.

The use of real evidence in court: time to trust the common sense of the jury?

Hemming, Andrew. 2022. "The use of real evidence in court: time to trust the common sense of the jury?" Australian Law Journal. 96 (2), pp. 105-124.

Nominations to the Supreme Court: Much Ado About Nothing or a Polarized Partisan Court?

Hemming, Andrew. 2022. "Nominations to the Supreme Court: Much Ado About Nothing or a Polarized Partisan Court?" Elon Law Review. 14 (1), pp. 37-85.

Illegally or Improperly Obtained Evidence: Time to Reform s 138 of the Uniform Evidence Legislation?

Hemming, Andrew. 2021. "Illegally or Improperly Obtained Evidence: Time to Reform s 138 of the Uniform Evidence Legislation?" Journal of Judicial Administration. 31 (2), pp. 92-112.

Evidence: commentary and materials

Hemming, Andrew and Chesser, Brianna. 2021. Evidence: commentary and materials. Sydney, Australia. Thomson Reuters.

Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt?

Hemming, Andrew. 2021. "Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt?" Journal of Judicial Administration. 30 (3), pp. 103-125.

Student ‘voice’ and higher education assessment: is it all about the money?

Hemming, Andrew and Power, Margaret. 2021. "Student ‘voice’ and higher education assessment: is it all about the money?" Journal of University Teaching and Learning Practice. 18 (1), pp. 1-16.

Is there any prospect of a model provision for similar fact/propensity evidence or the coincidence/tendency rules in Australia?

Hemming, Andrew. 2020. "Is there any prospect of a model provision for similar fact/propensity evidence or the coincidence/tendency rules in Australia?" Criminal Law Journal. 44, pp. 207-231.

Reform of the evidential rules for eyewitness identification in the United States – advice from the antipodes

Hemming, Andrew. 2020. "Reform of the evidential rules for eyewitness identification in the United States – advice from the antipodes." Houston Journal of International Law. 43 (1), pp. 1-74.

Civil Procedure

Zillmann, Hugh and Hemming, Andrew. 2020. Civil Procedure. Chatswood, Australia. LexisNexis Butterworths.

Submission to Queensland Law Reform Commission on review of consent laws and the excuse of mistake of fact

Hemming, Andrew. 2020. Submission to Queensland Law Reform Commission on review of consent laws and the excuse of mistake of fact. Queensland Law Reform Commission.

Reforming the Law of Rape in the United States: Some Advice from the Antipodes

Hemming, Andrew. 2020. "Reforming the Law of Rape in the United States: Some Advice from the Antipodes." Florida Journal of International Law. 32 (1), pp. 1-47.

In search of a model provision for rape in Australia

Hemming, Andrew. 2019. "In search of a model provision for rape in Australia." University of Tasmania Law Review. 38 (1), pp. 72-102.

Criminal procedure in Australia

Hemming, Andrew, Feld, Francine and Anthony, Thalia. 2019. Criminal procedure in Australia. Sydney, Australia. LexisNexis Butterworths.

Dangerous defendants - a rejoinder

Hemming, Andrew. 2019. "Dangerous defendants - a rejoinder." UMKC Law Review. 87 (4), pp. 827-850.

Response to consultation questions for review of the common law forfeiture rule

Hemming, Andrew. 2019. Response to consultation questions for review of the common law forfeiture rule. South Australian Law Reform Institute.

Prisons

Hemming, Andrew. 2019. "Prisons." Halsbury's laws of Australia. Sydney, Australia. Lexis Nexis.

Criminal code design and sentencing: a response to Joshua Kleinfeld's Theory of Criminal Victimization

Hemming, Andrew. 2018. "Criminal code design and sentencing: a response to Joshua Kleinfeld's Theory of Criminal Victimization." University of San Francisco Law Review. 52 (2), pp. 199-228.

Contract (GC I_II_V) - Update

Hemming, Andrew and Daniel, Michelle. 2018. "Contract (GC I_II_V) - Update." Guerrero, Tina (ed.) Halsbury's Laws of Australia. Sydney, Australia. LexisNexis Butterworths.

Halsbury's laws of Australia: criminal law GC VIII. Update of criminal law GC VIII

Hemming, Andrew. 2018. Halsbury's laws of Australia: criminal law GC VIII. Update of criminal law GC VIII. Sydney, Australia. LexisNexis Butterworths.

Criminal law updates. Update of criminal law GC V chapters 6 and 7, GC VI, and GC VII chapters 6 and 7.

Hemming, Andrew. 2018. "Criminal law updates. Update of criminal law GC V chapters 6 and 7, GC VI, and GC VII chapters 6 and 7." Guerrero, Tina (ed.) Halsbury's Laws of Australia. Sydney, Australia. LexisNexis Butterworths.

Halsbury's laws of Australia: property offences update [130-500] - [130-5825] (2017)

Hemming, Andrew. 2017. Halsbury's laws of Australia: property offences update [130-500] - [130-5825] (2017). Sydney, Australia. LexisNexis Butterworths.

Adoption of the uniform evidence legislation: so far and no further?

Hemming, Andrew. 2017. "Adoption of the uniform evidence legislation: so far and no further?" Roberts, Andrew and Gans, Jeremy (ed.) Critical perspectives on the uniform evidence law. Sydney, Australia. Federation Press. pp. 34-52

Evidence law in QLD, SA and WA

Hemming, Andrew and Layton, Robyn. Vyamajala, Lalitha (ed.) 2017. Evidence law in QLD, SA and WA. Sydney, Australia. Thomson Reuters.

Civil procedure: LexisNexis questions and answers

Zillmann, Hugh and Hemming, Andrew. 2016. Civil procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.

Halsbury's laws of Australia: criminal procedure update [130-13620]-[130-14135] (2016)

Hemming, Andrew. 2016. Halsbury's laws of Australia: criminal procedure update [130-13620]-[130-14135] (2016). Sydney, Australia. LexisNexis Butterworths.

Criminal procedure: LexisNexis questions and answers

Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.

Criminal law guidebook Queensland and Western Austalia

Hemming, Andrew. 2015. Criminal law guidebook Queensland and Western Austalia. Melbourne, Victoria, Australia. Oxford University Press.

Please mind the gap: an assessment of fatal 'one punch' provisions in Australia

Hemming, Andrew. 2015. "Please mind the gap: an assessment of fatal 'one punch' provisions in Australia." Criminal Law Journal. 39 (3), pp. 130-147.

Criminal law at a glance [Factsheet]

Hemming, Andrew. 2015. Criminal law at a glance [Factsheet]. Sydney, Australia. LexisNexis Butterworths.

Criminal procedure in Australia

Feld, Francine, Hemming, Andrew and Anthony, Thalia. 2015. Criminal procedure in Australia. Chatswood, Australia. LexisNexis Butterworths.

Civil procedure in Australia

Hemming, Andrew and Penovic, Tania. 2015. Civil procedure in Australia. Chatswood, Australia. LexisNexis Butterworths.

Evidence law at a glance [Factsheet]

Hemming, Andrew. 2015. Evidence law at a glance [Factsheet]. Sydney, Australia. LexisNexis Butterworths.

Resolving the application of the Christie discretion in the uniform evidence legislation

Hemming, Andrew. 2014. "Resolving the application of the Christie discretion in the uniform evidence legislation." Federal Law Review. 42 (3), pp. 539-558.

Prisons

Hemming, Andrew. 2014. "Prisons." Halsbury's laws of Australia. Sydney, Australia. LexisNexis Butterworths.

The Patel trials: further evidence of the need to reform the Griffith Codes

Hemming, Andrew. 2014. "The Patel trials: further evidence of the need to reform the Griffith Codes." Criminal Law Journal. 38 (4), pp. 218-235.

Williams v Commonwealth

Hemming, Andrew. 2014. "Williams v Commonwealth." University of Queensland Law Journal. 33 (1), pp. 233-245.

Submission to Northern Territory Law Reform Committee on the relationship between intoxication and criminal liability

Hemming, Andrew. 2013. Submission to Northern Territory Law Reform Committee on the relationship between intoxication and criminal liability. Darwin, Australia. Northern Territory Government.

When should a judge stop a trial?

Hemming, Andrew. 2013. "When should a judge stop a trial?" University of Notre Dame Australia Law Review. 15 (1), pp. 56-82.

Evidence: commentary and materials, 8th ed.

Hemming, Andrew, Kumar, Miiko and Peden, Elisabeth. 2013. Evidence: commentary and materials, 8th ed. Sydney, Australia. Thomson Reuters.

The constitutionality of minimum mandatory sentencing regimes: a rejoinder

Hemming, Andrew. 2013. "The constitutionality of minimum mandatory sentencing regimes: a rejoinder." Journal of Judicial Administration. 22 (4), pp. 224-234.

Why the Queensland, Western Australian and Tasmanian Criminal Codes are anachronisms

Hemming, Andrew. 2012. "Why the Queensland, Western Australian and Tasmanian Criminal Codes are anachronisms." University of Tasmania Law Review. 31 (2), pp. 1-31.

Why Bentham's vision of a comprehensive Criminal Code remains viable and desirable as the model design for a code

Hemming, Andrew. 2012. "Why Bentham's vision of a comprehensive Criminal Code remains viable and desirable as the model design for a code." University of Notre Dame Australia Law Review. 14, pp. 125-186.

Reasserting the place of objective tests in criminal responsibility: ending the supremacy of subjective tests

Hemming, Andrew. 2011. "Reasserting the place of objective tests in criminal responsibility: ending the supremacy of subjective tests." University of Notre Dame Australia Law Review. 13 (1), pp. 69-112.

In search of a model code provision for complicity and common purpose in Australia

Hemming, Andrew. 2011. "In search of a model code provision for complicity and common purpose in Australia." University of Tasmania Law Review. 30 (1), pp. 53-89.

Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory

Hemming, Andrew. 2011. "Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory." Northern Territory Law Journal. 1 (6), pp. 305-328.

Impermissibly importing the common law into Criminal Codes: Pollock v The Queen

Hemming, Andrew. 2011. "Impermissibly importing the common law into Criminal Codes: Pollock v The Queen." James Cook University Law Review.

Banishing evidence of intoxication in determining whether a defendant acted voluntarily and intentionally

Hemming, Andrew. 2010. "Banishing evidence of intoxication in determining whether a defendant acted voluntarily and intentionally." University of Tasmania Law Review. 29 (1), pp. 1-30.

Online tests and exams: lower standards or improved learning?

Hemming, Andrew. 2010. "Online tests and exams: lower standards or improved learning?" The Law Teacher. 44 (3), pp. 283-308. https://doi.org/10.1080/03069400.2010.524031

The Criminal Code (Cth) comes to the Northern Territory: why did the original Criminal Code (NT) last only 20 years?

Hemming, Andrew. 2010. "The Criminal Code (Cth) comes to the Northern Territory: why did the original Criminal Code (NT) last only 20 years?" University of Western Australia Law Review. 35 (1), pp. 119-156.

When is a code a code?

Hemming, Andrew. 2010. "When is a code a code?" Deakin Law Review. 15 (1), pp. 65-97.

Northern Territory national emergency reponse revisited

Hemming, Andrew. 2010. "Northern Territory national emergency reponse revisited." Psychiatry Psychology and Law. 17 (3), pp. 438-463. https://doi.org/10.1080/13218711003702340

In search of a model code provision for murder in Australia

Hemming, Andrew. 2010. "In search of a model code provision for murder in Australia." Criminal Law Journal. 34 (2), pp. 81-91.

Provocation: a totally flawed defence that has no place in Australian criminal law irrespective of sentencing regime

Hemming, Andrew. 2010. "Provocation: a totally flawed defence that has no place in Australian criminal law irrespective of sentencing regime." Western Sydney University Law Review.

The time has come to tighten the reach of honest claim of right in Australian criminal codes

Hemming, Andrew. 2010. "The time has come to tighten the reach of honest claim of right in Australian criminal codes." Newcastle Law Review. 11 (1), pp. 167-207.

Is defamation the 'Galapagos Islands Division' of the Australian law of torts?

Hemming, Andrew. 2009. "Is defamation the 'Galapagos Islands Division' of the Australian law of torts?" University of Notre Dame Australia Law Review. 11, pp. 84-101.

Mr Adamson goes to Berrimah: a tale of abuse of position and false accounting

Hemming, Andrew. 2009. "Mr Adamson goes to Berrimah: a tale of abuse of position and false accounting." University of Notre Dame Australia Law Review. 11, pp. 23-52.

It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder

Hemming, Andrew. 2008. "It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder." University of Notre Dame Australia Law Review. 10, pp. 1-35.

Abolition of diminished responsibility

Hemming, Andrew. 2008. "Abolition of diminished responsibility." Evers, Tania (ed.) 28th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law (NSW) (ANZAPPL 2008): Risks v Rights. Sydney, Australia 23 - 26 Oct 2008 Australia.

Killing the goose and keeping the golden nest egg

Hemming, Andrew. 2008. "Killing the goose and keeping the golden nest egg." QUT Law Review. 8 (2), pp. 342-363.

White man speak with forked tongue

Hemming, Andrew. 2007. "White man speak with forked tongue." Adams, Michael, Barker, David and Poludniewski, Katherine (ed.) ALTA 2007: Law and Public Policy, Taming the Unruly Horse?. Perth, Australia 23 - 26 Sep 2007 Sydney, Australia.

Roads and Traffic Authority of New South Wales v Dederer: 20/20 hindsight or an accident waiting to happen? A timely opportunity to revisit and reappraise Shirt

Hemming, Andrew. 2007. "Roads and Traffic Authority of New South Wales v Dederer: 20/20 hindsight or an accident waiting to happen? A timely opportunity to revisit and reappraise Shirt." James Cook University Law Review.