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
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
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
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