David A. Hamer

The University of Sydney Law School

New Law Building, F10

The University of Sydney

Sydney, NSW 2006

Australia

SCHOLARLY PAPERS

22

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2,835

CITATIONS

2

Scholarly Papers (22)

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 1,333 (12,924)
Citation 1

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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 221 (129,431)

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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 167 (167,426)

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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.

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 128 (208,441)

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

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 116 (224,390)

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

6.

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 113 (228,757)

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7.

'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 88 (270,608)

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

8.

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 88 (270,608)

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

9.

'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 68 (314,516)

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

10.

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 68 (314,516)

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

11.

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 68 (314,516)

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

12.

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 64 (324,774)
Citation 1

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

13.

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 54 (352,933)

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

14.

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 51 (362,233)

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

15.

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 50 (365,342)

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

16.

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 44 (385,105)

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

17.

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 38 (406,881)

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

18.

‘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 36 (414,882)

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

19.

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 20 (491,493)

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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

20.

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 18 (502,391)

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

21.

'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 (594,769)
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factual causation, scope of liability, fact and value, tort law

22.

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