Practical and Liability

Question 1

List the things a judge may consider when considering propensity evidence?

Answer 1

(a) The frequency with which the acts, omissions, events, or circumstances which are the subject of the evidence have occurred.
(b) The connection in time between the acts, omissions, events, or circumstances of the evidence and those of the offence for which the defendant is being tried
(c) The extent of the similarity between the acts, omissions, or events of the evidences and those of the offence for which the defendant is being tried.
(d) The number of persons making allegations against the defendant that are similar to the offence for which the defendant is being tried.
(e) Whether the allegations described in paragraph (d) may be the result of collusion or suggestibility.
(f) The extent to which the acts, omissions, events or circumstances of the evidence and those of the offence for which the defendant is being tried are unusual.

Question 2

Mary lives alone. She gets mail from Kiwi bank for the previous tenant. It contains a credit card, she gets another letter from the bank containing the pin number of that card.

Mary takes the card to the supermarket and used the card and purchases groceries.

Answer 2

Uses a document 228 (b)