Hemming on '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'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has co-written (along with Emma Hudson) a new article titled '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'.  The article appears in Volume 47(2) of the Criminal Law Journal.  Here is the 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."