Propensity Flashcards
Propensity Rule
Section 40, Evidence Act 2006
Propensity rule
(1) In this section and sections 41 to 43, propensity evidence—
(a) 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; but
(b) does not include evidence of an act or omission that is—
(i) 1 of the elements of the offence for which the person is being tried; or
(ii) the cause of action in the proceeding in question.
Prosecution may offer propensity evidence
Section 43 Evidence Act 2006
Propensity evidence offered by prosecution about defendants
(1) The prosecution may offer propensity evidence about a defendant in a criminal proceeding only if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.
What must the judge take in account with propensity evidence
the probative value of propensity evidence
When assessing the probative value of propensity evidence, the Judge may consider, among other matters, the following:
(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 which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried:
(c) the extent of the similarity between the acts, omissions, events, or circumstances which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried:
(d) the number of persons making allegations against the defendant that are the same as, or are similar to, the subject of 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 which are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried are unusual.
When assessing the prejudicial effect of evidence on the defendant, the Judge must consider, among any other matters,—
(a) whether the evidence is likely to unfairly predispose the fact-finder against the defendant; and
(b) whether the fact-finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions.
When is propensity evidence admissible in deception cases
where there is a sufficiently strong connection between the offences.
Title defined
defines title as ‘a right or claim to the ownership of property
In other words, “title” simply means a legal right to the property.
To avoid the title, must do one of the following:
- communicate with B
- take all other possible steps to bring it to B’s notice, eg by writing a letter
- advise the police that the vehicle was obtained by deception.
What if B (who bought the car with a stolen cheque) sells the car to C before his title is avoided and C buys it in good faith without the knowledge of B’s deception?
In this situation s25 of the Sale of Goods Act 1908 is relevant:
“Where the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller’s defect of title.”
Receiving after restoration to owner
Section 246(4), Crimes Act 1961
Receiving after restoration to owner
(4) If-
(a) any property stolen or obtained by any other imprisonable offence has been returned to the owner; or
(b) legal title to any such property has been acquired by any other person, -
a subsequent receiving of it is not an offence, even though the receiver may know that the property had previously been stolen or obtained by any other imprisonable offence.
When an offender obtains goods by deception what do they obtain
he or she obtains both title and possession. However, there are limitations on the title received by the offender.
What is another term for title
Another term for title is ‘property in’. It is a legal right to property
What is the difference between theft and obtains by deception
Title will pass because goods are generally handed over to the offender with the consent of the complainant when goods are obtained by a deception. Because the goods are handed over with consent, the law recognises this as the owner wanting the offender to have the goods and as a result ownership (title) of the goods as well.
• This is different to theft where the goods are taken without the owner’s consent. A thief never gets title to property because the owner never intends to pass it on, but in cases of deception the owner is induced to part with it willingly.
When does a third party receive good title
Where title is obtained by deception, fraud, duress or misrepresentation it will be “voidable title”. If an innocent purchaser buys goods obtained by a deception, before title has been avoided, then he or she is entitled to a good title
