David A. Hamer

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

26

DOWNLOADS
Rank 14,798

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Top 14,798

in Total Papers Downloads

3,503

SSRN CITATIONS

0

CROSSREF CITATIONS

5

Scholarly Papers (26)

1.

The Presumption of Innocence and Reverse Burdens: A Balancing Act

Cambridge Law Journal, Vol. 66, No. 1, p. 142, 2007, University of Queensland TC Beirne School of Law Research Paper No. 07-08
Number of pages: 32 Posted: 09 Aug 2007
David A. Hamer
The University of Sydney Law School
Downloads 1,447 (13,473)

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2.

The Admissibility of Torture-Obtained Evidence

International Law Reporter, May 8, 2010, Sydney Law School Research Paper No. 10/19
Number of pages: 21 Posted: 04 Feb 2010
David A. Hamer
The University of Sydney Law School
Downloads 231 (142,411)

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Torture, illegally-obtained evidence, admissibility, exclusionary rule, fourth amendment, consequentialism

3.

Admissibility and the Use of Relationship Evidence in HML v. the Queen: One Step Forward, Two Steps Back

Criminal Law Journal, Vol. 32, pp. 351-367, December 2008, University of Queensland TC Beirne School of Law Research Paper No. 09-22, Sydney Law School Research Paper No. 10/22
Number of pages: 18 Posted: 22 Jun 2009 Last Revised: 29 Jul 2009
David A. Hamer
The University of Sydney Law School
Downloads 188 (172,745)
Citation 1

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relationship evidence, context evidence, propensity evidence, similar fact evidence, criminal evidence, HML (2008) 245 ALR 204, Pfennig (1995) 182 CLR 461, Phillips (2006) 225 CLS 303, Chamberlain (1984) 121 CLR 221, Shepherd (1990) 160 CLR 334

4.

Forensic Science Evidence, Wrongful Convictions and Adversarial Process

'Forensic Science Evidence, Wrongful Convictions and Adversarial Process", University of Queensland Law Journal, 38:2, 2019 (Forthcoming), Sydney Law School Research Paper No. 19/68
Number of pages: 44 Posted: 02 Dec 2019
David A. Hamer and Gary Edmond
The University of Sydney Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 143 (219,432)

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criminal process, adversarial system, forensic science evidence, appeals, wrongful conviction, miscarriage of justice, fresh evidence, new evidence, fresh and compelling evidence, reliability, trial, forensic choices

5.

Probative But Still Prejudicial? Rethinking Exclusion of Propensity Evidence in Sexual Offence Cases

Jury Practice and Research Conference, Parliament House, NSW, December 12, 2007, Sydney Law School Research Paper No. 10/21
Number of pages: 11 Posted: 05 Feb 2010
David A. Hamer
The University of Sydney Law School
Downloads 142 (219,432)

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propensity evidence, bad character, similar facts, admissibility, exclusion, recidivism, inference, proof, Phillips, Criminal Justice Act 2003

6.

'Tendency Evidence' and 'Coincidence Evidence' in the Criminal Trial: What's the Difference?

Critical Perspectives on the Uniform Evidence Law, Andrew Roberts and Jeremy Gans, eds, Federation Press, Australia, 2017, Sydney Law School Research Paper No. 17/42
Number of pages: 18 Posted: 30 May 2017
David A. Hamer
The University of Sydney Law School
Downloads 126 (240,961)

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evidence, proof, tendency, propensity, similar fact, doctrine of chances, coincidence evidence, criminal trial, uniform evidence law

7.

The Expectation of Incorrect Acquittals and the Potential of Double Jeopardy Exceptions

Criminal Law Review, No. 2, pp. 63-79, 2009, Sydney Law School Research Paper No. 11/92
Number of pages: 33 Posted: 09 Nov 2011
David A. Hamer
The University of Sydney Law School
Downloads 125 (242,377)

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double jeopardy, criminal procedure, miscarriage of justice, fact-finding, proof, probability

8.

The Truth Will Out? Incoherence and Scepticism in Foundations of Evidence Law

Modern Law Review, Vol. 70, p. 318, 2007, University of Queensland TC Beirne School of Law Research Paper No. 07-09
Number of pages: 23 Posted: 09 Aug 2007
David A. Hamer
The University of Sydney Law School
Downloads 115 (257,809)

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9.

He 'Came Across as Someone Who Was Telling the Truth': Pell v The Queen

A. Dyer and D. Hamer, "He 'Came Across as Someone Who Was Telling the Truth': Pell v The Queen", Sydney Law Review, 42:1, 2020, Forthcoming, Sydney Law School Research Paper No. 20/07
Number of pages: 14 Posted: 20 Feb 2020
Andrew Dyer and David A. Hamer
The University of Sydney Law School and The University of Sydney Law School
Downloads 96 (291,819)

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unreasonable verdicts, historical sexual offending, Pell v The Queen, High Court of Australia, judicial restraint

10.

The Admissibility and Use of Relationship and Propensity Evidence after HML v. The Queen (2008) 235 CLR 334

Current Legal Issues Seminar, Qld SC Banco Court, July 30, 2009, Sydney Law School Research Paper No. 10/20
Number of pages: 15 Posted: 05 Feb 2010
David A. Hamer
The University of Sydney Law School
Downloads 93 (297,846)

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relationship evidence, propensity evidence, similar facts, circumstantial evidence, admissibility, exclusion, High Court of Australia, HML, Phillips, Pfennig, inference, proof

11.

Propensity Evidence Reform after the Royal Commission into Child Sexual Abuse

Criminal Law Journal, Vol. 42, 2018, Sydney Law School Research Paper No. 18/68
Number of pages: 39 Posted: 25 Oct 2018
David A. Hamer
The University of Sydney Law School
Downloads 89 (308,290)

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evidence, admissibility, proof, child sexual assault, royal commission, criminal procedure, law reform, tendency evidence, coincidence evidence, propensity evidence, doctrine of chances, recidivism, character, behaviour

12.

NSW Right to Silence Reforms

Sydney Law School Research Paper No. 14/21
Number of pages: 6 Posted: 03 Mar 2014
David A. Hamer
The University of Sydney Law School
Downloads 76 (336,635)

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right to silence, criminal procedure, police interview, evidence, proof, law and order

13.

'Factual Causation’ and ‘Scope of Liability’: What's the Difference?

Modern Law Review, Vol. 77, No. 2, pp. 155-188, 2014, Sydney Law School Research Paper No. 14/41
Number of pages: 32 Posted: 01 May 2014
David A. Hamer
The University of Sydney Law School
Downloads 74 (341,798)

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factual causation, scope of liability, fact and value, tort law

14.

Submission on Exposure Draft: Evidence Amendment (Evidence of Silence) Bill 2012

Sydney Law School Research Paper No. 14/20
Number of pages: 12 Posted: 04 Mar 2014
The University of Sydney Law School, University of Technology Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law, University of Technology Sydney, Faculty of Law, University College London - Faculty of Laws, The University of Queensland - TC Beirne School of Law, ANU College of Law, University of New South Wales (UNSW) - Faculty of Law, The University of Sydney Law School, University of Canberra – Faculty of Law, The University of Sydney Law School, University of Adelaide - School of Law, The University of Sydney Law School, The University of Sydney Law School, University of Melbourne - Law School, University of New South Wales (UNSW) - Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 74 (341,798)

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right to silence, criminal procedure, police interview, evidence, proof, law and order

15.

The Continuing Saga of the Chamberlain Direction: Untangling the Cables and Chains of Criminal Proof

Monash University Law Review, Vol. 23, pp. 43-76, 1997, University of Queensland TC Beirne School of Law Research Paper No. 09-27
Number of pages: 35 Posted: 11 Oct 2009
David A. Hamer
The University of Sydney Law School
Downloads 70 (352,505)

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courts, criminal law, criminal procedure, evidence, judicial reasoning

16.

The Eastman Case: Implications for an Australian Criminal Cases Review Commission

Flinders Law Journal, Vol. 17, No. 2, pp. 433-469, 2015, Sydney Law School Research Paper No. 16/18
Number of pages: 37 Posted: 07 Mar 2016
David A. Hamer
The University of Sydney Law School
Downloads 63 (372,557)

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Wrongful conviction, criminal cases review commission, criminal justice, forensic science evidence, Eastman

17.

Tendency Evidence in Hughes v The Queen: Similarity, Probative Value and Admissibility

Sydney Law Review, Vol. 38, No. 4, pp. 491-503, 2016, Sydney Law School Research Paper No. 17/08
Number of pages: 14 Posted: 03 Feb 2017
David A. Hamer
The University of Sydney Law School
Downloads 59 (384,862)

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Tendency evidence, coincidence evidence, propensity, similar fact evidence, high court, appeals, uniform evidence law, proof, inference

18.

The Legal Structure of Propensity Evidence

International Journal of Evidence and Proof, Vol. 20, No. 2, pp. 136-161, 2016, Sydney Law School Research Paper No. 16/17
Number of pages: 35 Posted: 08 Mar 2016 Last Revised: 28 Apr 2016
David A. Hamer
The University of Sydney Law School
Downloads 58 (388,018)

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Evidence, proof, tendency, coincidence, propensity, similar fact, prejudice, probative value

19.

Judicial Notice: Beyond Adversarialism and into the Exogenous Zone

Griffith Law Review, Vol. 25, No. 3, pp. 291-318, 2016, Sydney Law School Research Paper No. 17/07
Number of pages: 33 Posted: 03 Feb 2017
David A. Hamer and Gary Edmond
The University of Sydney Law School and University of New South Wales (UNSW) - Faculty of Law
Downloads 55 (398,007)

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Expert evidence, specialised knowledge, proof, judicial notice, legislative facts, constitutional facts, empirical frameworks

20.

The Significant Probative Value of Tendency Evidence

Melbourne University Law Review, 42(2), 2018 (Forthcoming), Sydney Law School Research Paper No. 19/22
Number of pages: 45 Posted: 25 Mar 2019
David A. Hamer
The University of Sydney Law School
Downloads 54 (401,376)

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evidence, admissibility, proof, propensity, tendency, coincidence, doctrine of chances, similar fact evidence, exclusionary rule, child sexual assault, Bayes, probability, law reform, recidivism, character, behaviour

21.

The Structure and Strength of the Propensity Inference: Singularity, Linkage and the Other Evidence

Monash University Law Review, Vol. 29, pp. 137-196, 2003, University of Queensland TC Beirne School of Law Research Paper No. 09-25
Number of pages: 61 Posted: 11 Oct 2009
David A. Hamer
The University of Sydney Law School
Downloads 42 (445,716)

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courts, criminal law, criminal procedure, evidence, judicial reasoning

22.

The Unstable Province of Jury Fact-Finding: Evidence Exclusion, Probative Value and Judicial Restraint after IMM V the Queen

Melbourne University Law Review, Vol. 41 No. 2 ,pp 689 - 726, 2017, Sydney Law School Research Paper No. 18/30
Number of pages: 39 Posted: 23 May 2018
David A. Hamer
The University of Sydney Law School
Downloads 38 (462,395)

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evidence, proof, probative value, prejudicial effect, jury, judging, High Court of Australia

23.

‘Hoist with His Own Petard?’ Guilty Lies and Ironic Inferences in Criminal Proof

Current Legal Problems, Vol. 54, pp. 377-413, 2001, University of Queensland TC Beirne School of Law Research Paper No. 09-26
Number of pages: 28 Posted: 11 Oct 2009
David A. Hamer
The University of Sydney Law School
Downloads 38 (462,395)

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courts, criminal law, criminal procedure, evidence, judicial reasoning

24.

Appeals Against Conviction on Indictment: Process, Outcome and NSW Reform after Kalbasi v. Western Australia

Criminal Law Journal, 43:3, 2019, pp. 201-214, Sydney Law School Research Paper No. #19/62
Number of pages: 17 Posted: 16 Oct 2019
David A. Hamer
The University of Sydney Law School
Downloads 5 (657,909)

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criminal appeals, substantial miscarriage of justice, proviso, common form appeal legislation, chance of acquittal, fair trial, process, outcome

25.

'Factual Causation' and 'Scope of Liability': What's the Difference?

The Modern Law Review, Vol. 77, Issue 2, pp. 155-188, 2014
Number of pages: 34 Posted: 04 Mar 2014
David A. Hamer
The University of Sydney Law School
Downloads 2 (682,278)
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factual causation, scope of liability, fact and value, tort law

26.

Model Forensic Science

Australian Journal of Forensic Sciences, Vol. 48, No. 5, 496-537
Posted: 07 Aug 2017 Last Revised: 07 Dec 2017
University of New South Wales (UNSW) - Faculty of Law, Independent, University of New South Wales (UNSW), Independent, The University of Sydney Law School, Independent, Independent, University of British Columbia (UBC), Faculty of Law, University of New South Wales (UNSW), University of New South Wales (UNSW) - Faculty of Law, University of Queensland, Griffith University - School of Criminology and Criminal Justice, University of Adelaide - School of Law, University of New South Wales (UNSW) - School of Chemistry, Independent, Independent, Independent and Independent

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expert, evidence, report, validation, disclosure, impartial, ethics, duties, professionalism