Circumstantial and Character Evidence

Jun 23, 2024

Week 10: Evidence and Proof (Circumstantial and Character Evidence)

Laws 13010

Lecturer: Anthony Maranac

Overview

  • Apology for last week's incorrect topic announcement (opinion evidence postponed to next week)
  • Focus: Circumstantial and Character Evidence
    • Circumstantial Evidence: What it is and how it works
    • Shepard Test to determine admissibility
    • Character Evidence: Specifically, similar fact evidence, propensity evidence, tendency evidence

Circumstantial Evidence

Definition & Concept

  • Circumstantial Evidence: Evidence of a fact or facts from which the court is asked to infer other facts.
    • Not direct proof but allows court to infer the occurrence of other facts related to the crime.
    • Example: Seen driving away from a burgled premises, housebreaking tools in car boot

Illustrative Cases

  1. **Hodges Case (1830s) **
    • Hodge seen near victim before her murder and later burying money
    • Alternative narrative: Hodge might have found the money post-murder
  2. Plomp
    • 1960s, strong swimmer drowned, husband planned affair, inferred murder
  3. Chamberlain (1984)
    • Lindy Chamberlain's baby missing from tent, inferred mother's involvement
  4. The Crown and Demeter
    • Process of elimination identified guilty party in a sealed house

Misconceptions and DNA Evidence

  • Common misunderstanding: Convictions can't be based on circumstantial evidence (False)
  • DNA Evidence: Highly compelling form of circumstantial evidence
  • Criminal cases often use circumstantial evidence alone

Shepard Test

  • Shepard Test: Used to assess strength of a circumstantial case
  • Jury must believe no reasonable narrative consistent with defendant's innocence
  • Application: Reasonable doubt leads to acquittal
  • Examples: Revisits Hodges case

Using Circumstantial Evidence

  1. Links in a Chain
    • Logical sequence leading to guilt (e.g., stolen vehicle scenario)
  2. Strands in a Rope
    • Multiple unrelated facts pointing in same direction (e.g. burglar case)
  3. Silver Bullet
    • One key fact that decisively disrupts prosecution (e.g., watertight alibi in Rumpole of the Bailey)

Character Evidence

Importance and Risks

  • Careful about admitting character-based circumstantial evidence due to potential prejudicial effects
  • Focus on Rehabilitation: Every offense needs separate proof

Types of Character Evidence

  1. Similar Fact Evidence
  2. Propensity Evidence
  3. General Character Evidence

Similar Fact Evidence

  • Previous offenses too similar imply same person involvement
  • The Crown and Straffon: Series of similar strangulations
  • Bali Bombings & Jakarta Embassy Bombings: Similar bomb-making techniques
  • Case law: Markby and the Queen (1984)
    • Admissible if exclusion would affront common sense
  • Hock and the Queen: Multiple complainants must avoid collusion suspicion
  • Evidence Act (Qld): Addresses collusion issue

Propensity Evidence

  • Shows accused's behavioral tendencies
    • The Crown and Fenwick: Propensity for kidnapping/assault after contact
    • Fenwick Test: Balance probative force vs. prejudicial effect
  • O'Keefe Test (Qld): Simplified standard replacing multiple tests
    1. No reasonable view of evidence other than guilt
    2. Evidence as a whole must exclude all innocent hypotheses

Relationship Evidence

  • Contextualizes relationships, helps understand behavioral responses
  • Example: Gipp and the Queen: Systematic abuse explained subdued victim reaction
  • Distinct from propensity, doesn’t infer direct guilt

General Character Evidence

  • Only defensible when introduced by defense
  • Prosecution Restrictions: Can’t introduce unless defense raises the issue
  • Queensland statute: Allows under specific conditions involving state of mind or co-accused scenarios

Uniform Evidence Act Similarities

  • Similar Fact: Renamed to Coincidence Evidence (requires significant probative value)
  • Propensity: Renamed to Tendency Evidence (requires significant probative value)
  • Character Evidence rules largely unchanged

Summary

  • Circumstantial evidence requires inference and can lead to criminal convictions.
  • Shepard Test: No reasonable alternate innocence theory leads to guilt.
  • Various techniques (Chain, Rope, Silver Bullet) to present circumstantial evidence.
  • Character evidence, while crucial, is tightly regulated, especially in ensuring it’s probative, not prejudicial.
  • Uniform Evidence Act aligns closely with discussed principles.

Recommended Movies

  1. Legally Blonde: Fun scene illustrating circumstantial evidence use
  2. Kramer vs. Kramer: Emotional scene highlighting the impact of character evidence