Common knowledge in the common law: challenges in domestic violence cases

This paper examines the application and interpretation of the common knowledge rule in common-law evidence jurisdictions in Australia in domestic violence cases. It explores the ways in which the rule shapes the kinds of expert evidence that are admitted in domestic violence cases. It considers the...

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Bibliographic Details
Published inCurrent issues in criminal justice Vol. 32; no. 4; pp. 440 - 457
Main Author Goss, Caitlin
Format Journal Article
LanguageEnglish
Published Routledge 01.10.2020
Subjects
Admissible evidence
common knowledge
Common law
domestic violence
evidence
Evidence, Expert
experts
Family violence
Intimate partner violence
Social aspects
AUSTRALIA
Online AccessGet full text
ISSN1034-5329
2206-9542
DOI10.1080/10345329.2020.1829781

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Summary:This paper examines the application and interpretation of the common knowledge rule in common-law evidence jurisdictions in Australia in domestic violence cases. It explores the ways in which the rule shapes the kinds of expert evidence that are admitted in domestic violence cases. It considers the potential admissibility of social framework evidence on these different approaches and argues that statutory reform may be required in order to admit such evidence.
Bibliography:Informit, Melbourne (Vic)
CURRENT ISSUES IN CRIMINAL JUSTICE, Vol. 32, No. 4, Dec 2020, 440-457
ISSN:1034-5329
2206-9542
DOI:10.1080/10345329.2020.1829781