Propensity Evidence

Question 1

List 6 things a Judge may consider when assessing the probative value of propensity evidence

Answer 1

A
a) frequency with which the acts, omissions, events, circumstances which are subject of the evidence have occurred
b) connection in time between acts, omissions etc. which are subject of evidence and the acts, omissions etc. which constitute the offence for which defendant is being tried
c) extent of the similarity between the two
d) number of persons making allegations against the defendant that are the same as, or similar to, the subject of the offence for which defendant is being tried
e) whether allegations described in paragraph (d) nay be result of collusion or suggestibility
f) extent to which the acts, omissions etc. which are subject of evidence and acts, omissions etc. which constitute offence are unusual