Uniform Evidence Law
The latest Part of the Criminal Law Journal includes the following articles: “Legal Aid Commission of New South Wales: Aiding the Individual, the Nation and the Institutions” – The Hon Justice Michelle Gordon AC; “Criminalising ‘Wage Theft’ in Australia: Property, Stealing, and Other Concepts” – Joachim Dietrich and Matthew Raj; and “Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions” – David Hamer.
Also in this Part is an Editorial: “The Questionable Legitimacy of the Criminal Law as the Front Line of Defence against COVID-19: Long-term Implications”; Comment: “Overcoming Password Protection and Encryption of Smart Phones and Computers to Facilitate the Execution of Commonwealth Search Warrants – s 3LA of the Crimes Act 1914 (Cth)” – Michael Legg and Stephanie Crosbie; and Digest of Criminal Law Cases.
The admissibility of propensity evidence has become an area of notorious difficulty. This was highlighted by the work of the McClellan Royal Commission in the context of the low rate of convictions in relation to alleged child sexual offences, where such evidence can play a decisive role in what might otherwise be a “word against word” case.
The latest Part of the Criminal Law Journal includes the following content: “Issues for the defence in trials with pre-recording of the evidence of vulnerable witnesses” – Scott Corish; “Prosecutors’ perceptions of the utility of video-evidence for adult complainants of sexual assault” – Nina J Westera and Martine B Powell; “The limited impact of Facebook and the displacement effect on the admissibility of identification evidence” – Paul McGorrery; Phillips’ Brief: “The special jury in Australia” – Alana Piper; Book review: Power of Persuasion: Essays by a Very Public Lawyer by Sir Louis Blom-Cooper QC, reviewed by Gilles Renaud; and Digest of Recent Criminal Cases.
The latest Part of the Criminal Law Journal publishes the following articles: “The admissibility of forensic science and medicine evidence under the Uniform Evidence Law” – Gary Edmond; and “Retrials of persons acquitted of indictable offences in England and Australia: Exceptions to the rule against double jeopardy” – Marilyn McMahon. Also in this Part is an Editorial and a Digest of Criminal Law Cases.