Propensity Flashcards

1
Q

Propensity rule defined
S.40 Evidence Act

A

Evidence that shows a person’s propensity to act in a certain way or have a particular state of mind

  • can be used to disprove a defence of mistake, or prove the deception
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What propensity evidence may be offered?
S.43 Evidence Act

A
  • evidence that has a probative value in relation to any dispute and outweighs the risk that the evidence may unfairly prejudice the defendant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Judge to consider when assessing the probative value

A
  • frequency of acts
  • Connection between acts
  • the extent of similarities
  • number of persons making allegations
  • whether those people are a result of collusion or suggestability
  • extent of unusualness of the acts

-

How well did you know this?
1
Not at all
2
3
4
5
Perfectly