Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions

2022-23 Criminal Law CPD Series:

Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions

Substantive Law
CPD Points: 1.5

About

Following the Royal Commission into Institutional Responses to Child Sexual Abuse, Uniform Evidence Law jurisdictions are implementing reforms to the tendency and coincidence evidence provisions. These reforms aim to relax the exclusionary rules so that the prosecution can more readily rely upon other allegations against the defendant and the defendant’s prior guilty pleas. The reforms purport to address the traditional misconception that such evidence would lack probative value unless the defendant’s other misconduct shares distinctive similarities with the charged offence. The reforms can be expected to increase the rate of successful prosecutions. However, these benefits are likely to be compromised by the reforms’ unnecessary complexity. Rather than improve understanding of the inferential value of other misconduct evidence, the reforms may sow confusion, wasting court resources, and creating associated costs for complainants, defendants, and other participants.

This seminar will follow the argument presented in Professor Hamer’s article of the same title, which appeared in (2021) 45(4) Criminal Law Journal 232.

Presenter

David Hamer is a Professor at the University of Sydney Law School. He is interested in the way criminal courts deal with evidence in determining whether to convict or acquit defendants. While often focusing on the detail of evidence law and criminal procedure, he takes an interdisciplinary approach. David’s research has regard to both the psychology and the logic of proof and draws on empirical research and formal probabilistic models. Further, his work explores how the pursuit of factual accuracy is affected by other sometimes competing concerns: efficiency, fairness, and the overarching need to provide a mechanism for settling disputes that retains public acceptance.

Registration

Full series (7 webinars) = $300
Individual webinar(s) = $50

CLICK HERE to register

This webinar will be released on 19 January 2023.

You will receive a webinar link on this date, and can also register at a later date to catch up in your own time. 

About the series

The 2022-23 Criminal Law CPD series, presented by the Sydney Institute of Criminology is an innovative educational program made up of 7 recorded webinars delivered by eminent speakers from the University of Sydney and the legal profession.

A new webinar will be released each month from September 2022 – March 2023. Quizzes will be included to test your comprehension of the material being discussed.

Register now for the full series or individual webinars and enjoy the flexibility of watching at your own pace from any location at any time.

View flyer here

Program Schedule
Title Presenter CPD area Recording release date
1. Should Deceptive Sex Always Be Rape? Dr Andrew Dyer Substantive Law Thursday, 29 September 2022
2. The Role of the Crown Prosecutor in NSW Mr Brett Hatfield Practice Management and Business Skills, Ethics and professional responsibility Thursday, 20 October 2022
3. The Reliability and Credibility of Eyewitnesses Associate Professor Helen Paterson Substantive Law Thursday, 24 November 2022
4. Ethical Practice for Junior Criminal Law Barristers Ms Talitha Hennessy Ethics and professional responsibility Thursday, 15 December 2022
5. Myths, Misconceptions and Mixed Messages: An Early Look at the New Tendency and Coincidence Evidence Provisions Professor David Hamer Substantive Law Thursday, 19 January 2023
6. Advocacy in the NSW Court of Criminal Appeal John Stratton SC Professional Skills Thursday, 9 February 2023
7. The Work of the Mental Health Review Tribunal Judge Paul Lakatos SC Professional Skills Thursday, 9 March 2023


Information for lawyers and barristers
If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per seminar attended or 10.5 units for the full series. Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation.

For further enquiries: T +61 2 9351 0248
E law.events@sydney.edu.au

Photo credit: Canva

January 19, 2023 @ 12:00 AM

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