Propensity Flashcards
Propensity rule - s40 Evidence Act 2006
(a) Propensity evidence means evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events or circumstances with which a person is alleged to have been involved
(b) Doesn’t include evidence of an act or omission that is one of the elements of the offence being tried; or the cause of the action in the proceding.
When may evidence of propensity be called in cases if deception?
Propensity evidence, whether on previous or later occasions to the offence charged, is admissible in cases of deception where there is a strong connection between the offences.
What may the Judge consider when assessing the probative value of propensity evidence?
• The frequency with which the acts, omissions, events or circumstances, subject to the evidence have occurred
• The connection in time between the A/O/E or C which are subject to the evidence & the A/O/E or C which constitute the offence for which the defendant is being tried
• The extent of the similarity between the A/O/E or C which constitute the offence for which the defendant is being tried
• The number of persons making allegations that are similar to, the offence for which the defendant is being tried
• Whether allegations as above may be the result of collusion
• The extent to which the A/O/E or C which are the subject of the evidence for which the defendant is being tried are unusual.
