Propensity evidence

Question 1

Propensity evidence means evidence that tends to show….

Answer 1

A persons propensity to act in a particular way or have a particular state of mind

Question 2

Propensity does not include

Answer 2

• 1 of the elements of the offence of which the person is being tried, or
• the cause of the action in the proceeding in question

Question 3

Propensity evidence about a defendant in a criminal proceeding may only be offered in accordance with which sections of the evidence act 2006?

Answer 3

41, 42 or 43

Question 4

Evidence is relevant if:

Answer 4

It has the tendency to prove or disprove anything that is of consequence to the determination of the proceeding

Question 5

(SA) Propensity evidence maybe relevance in some deception cases. When may evidence of propensity be called in cases of deception

Answer 5

Is admissible in cases of deception where there is sufficiently strong connection between the offences.

Question 6

(PQ) list the thing a judge may consider when considering propensity evidence?

Answer 6

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 of the evidence and those of the offence for which the defendant is being tried
C-The extent of the similarity between the acts omissions, events or circumstances of the evidence and those of the offence for which the defendant is being tried
D- The number of persons making allegations against the defendant that are similar to the offence foe which the defendant is being tried
E- Whether the allegations described in paragraph (d) maybe the result of collusion or suggestibility
F- The extent to which the acts omissions, events or circumstances of the evidence and those of the offence for which the defendant is being tried are unusual.

Question 7

What may propensity evidence be used to disprove?

Answer 7

a defence of mistake or innocent intention