Week 10: Laws 13010 - Circumstantial and Character Evidence

Jun 23, 2024

Week 10: Laws 13010 Evidence and Proof - Circumstantial and Character Evidence

Introduction

  • Apology: Previously announced topic was opinion evidence; this week is actually about circumstantial and character evidence.
  • Topics: Circumstantial Evidence & Character Evidence
    • Definition and function
    • Shepard test for admissibility
    • Types: similar fact, propensity, and tendency evidence

Circumstantial Evidence

  • Definition: From Sheppard and the Queen
    • Evidence of a fact or facts from which court infers other facts
    • Indirectly points to crime, not direct evidence

Example Cases

  1. Hodge's Case (1830s): Coincidental circumstances leading to the inference of guilt
  2. Plomp: Swimming case involving inferred motives from an affair
  3. Chamberlain: Famous baby murder case with inferred evidence
  4. The Crown and Demeter: Deduction by process of elimination

Common Misunderstanding

  • Myth: Circumstantial evidence can't lead to convictions (False)
  • Fact: Circumstantial evidence, like DNA, often compelling

Shepard Test

  • Jury Satisfies: Must be no reasonable explanation consistent with innocence
  • Reasonable Doubt: If exists, leads to acquittal

Use of Circumstantial Evidence

  1. Links in a Chain: Logical progression of facts
  2. Strands in a Rope: Several circumstantial aspects pointing in same direction
  3. Silver Bullet: One key fact that blows case out of the water

Character Evidence

  • Caution: Evidence about a person is tightly regulated to avoid prejudice
  • Types: Similar fact, propensity, general character

Similar Fact Evidence

  • Definition: Previous offenses so similar they infer common perpetrator
  • Examples:
    • Crown and Straffon: Serial strangulation patterns
    • Bali Bombings: Manufacture similarities

Propensity Evidence

  • Definition: Shows a person's inclination towards a type of behavior
  • Example:
    • The Crown and Fennig: Inferred abduction and sexual assault propensity

Tests for Admissibility

  • Shepherd: Reasonable alternative narratives
  • Hock: No collusion suspicion
  • Fennig: Balance probative vs. prejudicial effect

Relationship Evidence

  • Definition: Contextualizes relationships, especially in family/domestic violence cases
  • Example:
    • Gipp and the Queen: Context of long-term abuse

Character Evidence Rules

  • Prosecution: Cannot lead character evidence
  • Defense: Can introduce good character evidence, opening door for rebuttal
  • Queensland Statutes: Broaden the circumstances under which character evidence can be led

Uniform Evidence Act

  • Terms: Similar Fact = Coincidence Evidence, Propensity = Tendency Evidence
  • Rule: Significant probative value similar to O'Keefe Test

Conclusion

  • Circumstantial Evidence: Indirect but compelling, admissible through the Shepard test
  • Character Evidence: Generally led by the defense, tightly controlled to avoid prejudice

Recommended Viewing

  1. Legally Blonde: Climax with circumstantial evidence
  2. Kramer vs. Kramer: Emotional impact of character evidence in court

Next Week

  • Topic: Opinion Evidence