David A. Hamer

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

18

DOWNLOADS
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Top 16,317

in Total Papers Downloads

2,280

CITATIONS

2

Scholarly Papers (18)

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 832 (13,848)
Citation 1

Abstract:

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 178 (116,910)

Abstract:

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 128 (167,308)

Abstract:

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.

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 105 (197,528)

Abstract:

5.

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 84 (217,057)

Abstract:

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

6.

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 81 (188,850)

Abstract:

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

7.

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 64 (249,023)

Abstract:

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

8.

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 56 (294,438)
Citation 1

Abstract:

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

9.

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 44 (294,438)

Abstract:

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

10.

'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 40 (302,077)

Abstract:

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

11.

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, Australian National University - 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, Melbourne Law School, University of New South Wales (UNSW) - Faculty of Law and University of Technology Sydney, Faculty of Law
Downloads 40 (307,455)

Abstract:

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

12.

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 32 (356,099)

Abstract:

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

13.

‘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 28 (378,069)

Abstract:

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

14.

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 0 (382,158)

Abstract:

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

15.

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 0 (419,355)

Abstract:

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

16.

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 0 (359,610)

Abstract:

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

17.

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 0 (395,215)

Abstract:

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

18.

'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 0 (536,299)
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Abstract:

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