Propensity

Question 1

Propensity - S40 Evidence Act 2006

Answer 1

a.) evidence that shows a persons propensity to:

• act in a particular way or
• to have a particular state of mind
• evidence of acts, events, circumstances etc
• with which a person alleges to have been involved.

Question 2

Propensity Evidence can be used

Answer 2

• in criminal or civil proceeding about any person.
• defendant (S41, 42 or 43)
• sexual cases (S44)

Question 3

Propensity Evidence the judge must consider P1(S43):

Answer 3

1. The nature of the issue in dispute
2. Frequency of the acts, omissions, events etc (A, O, E)
3. Connection in time between the A, O, E
4. Similarity between the A, O, E
5. The number of people making allegations
6. Whether collusion or suggestibility apply to the number of allegations
7. The extent of the A, O, E that are unusual

Question 4

Propensity Evidence the judge must consider P2 (S42):

Answer 4

1. Whether the evidence is likely to unfairly predispose the fact finder against the defendant &
2. Whether the fact finder will give disproportionate weight in reaching a verdict to evidence of other A, O, E

Question 5

Admissibility and relevance

Answer 5

Dishonesty across the board does not show propensity. It is more related to the methodology or patterns.

Tendency to prove or disprove anything that is of consequence to the determination of the proceeding