Laws 13010: Week 10 Lecture on Circumstantial and Character Evidence

Jun 23, 2024

Laws 13010: Evidence and Proof - Week 10 Lecture

Lecturer: Anthony Maranac

Apology

  • Last week mistakenly said this week would cover opinion evidence.
  • This week is actually focused on circumstantial and character evidence.
  • Opinion evidence will be discussed next week.

Topics Covered

  • Circumstantial evidence
  • Character evidence

Circumstantial Evidence

Definition

  • Derived from Sheppard and the Queen.
  • Legal Definition: Evidence of a fact or facts from which the court is asked to infer other facts.
  • Plain English: Facts that indirectly point to the possibility of the crime being committed.

Examples

  1. Hodge’s Case (1830s)
    • Hodge seen near where a woman was murdered and buried money similar to that stolen from her.
  2. Plomp Case (1960s)
    • Plomp’s wife drowned but was a strong swimmer. Plomp had motives (affair) to kill her.
  3. Chamberlain Case (1984)
    • Lindy Chamberlain's baby disappeared. Circumstantial evidence like bloodstains in the car led to murder charges.
  4. Crown and Demeter
    • A child was assaulted in a house with locked adults. Process of elimination pointed to the only possible offender.

Testing Circumstantial Evidence: The Shepard Test

  • Criterion: There should be no reasonable explanation of the facts consistent with the accused's innocence.
  • If a reasonable alternative narrative exists, the accused is entitled to acquittal.

Methods of Using Circumstantial Evidence

  1. Links in a Chain: Logical sequence of events from fact to inference.
  2. Strands in a Rope: Multiple weak pieces of evidence combining to form a strong argument.
  3. Silver Bullet: One striking fact that drastically changes the perspective of a case.

Character Evidence

Types

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

Restrictions and Use

  • General Principle: Convictions can't be made just on the basis of bad character unless specifically relevant.
  • Rules: Defense needs to introduce character evidence first for prosecution to rebut.

Similar Facts Evidence

  • Case Example: The Crown and Straffon (1950s) – similar episodes of girl strangling pointed to one offender.
  • Markby and the Queen Opinion: Similar fact evidence must be extremely relevant.

Propensity Evidence

  • Case Example: The Crown and Fenwick – showed a pattern of behavior (abducting and raping boys) to link crimes.

Tests for Admissibility

  • Fennig Test: Propensity evidence should transcend the prejudicial effect and be crucial for the case.
  • O'Keefe Test (Queensland): Two-part test for propensity evidence to see if it supports an inference of guilt.

Relationship Evidence

  • Necessary to illustrate the nature of relationships, esp. in sexual offenses or domestic violence.
  • Case Example: Gipp and the Queen (1998) – ongoing abuse adjusted perceptions to contextualize behaviors.

Character Evidence in Queensland

  • Introduced only if defense opens the discussion.
  • Relevant for establishing state of mind or if raised by co-accused.
  • Statutory provisions reinforce common law rules.

Uniform Evidence Act

  • Similar Facts renamed: Coincidence Evidence.
  • Propensity Evidence renamed: Tendency Evidence.
  • Criteria: Should have significant probative value.

Suggestions for Further Viewing

  1. Legally Blonde
    • Scene demonstrating circumstantial evidence in courtroom setting.
  2. Kramer and Kramer
    • Emotional courtroom scenes illustrating the impact of character assassination.

Next Week

  • Next week will cover opinion evidence as promised.