Propensity Evidence

Question 1

Propensity evidence can be used to DISPROVE what defense?

Answer 1

Mistake or innocent intention.

Question 2

Can the propensity rule be applied to veracity?

Answer 2

No. There is a separate rule for veracity. (s37).

Question 3

‘Propensity’ means

Answer 3

Evidence of a persons propensity to ‘act’ or ‘think’ in a particular way, is evidence of ‘acts’ or ‘circumstances’ in which that person is alleged to be involved.

Question 4

What must be satisfied before the prosecution can offer propensity evidence?

Answer 4

The ‘probative value’ must outweigh the ‘prejudicial effect’.

Question 5

The Judge MUST assesses the Probative Value by taking into account the…

Answer 5

Nature of the issue in dispute

Question 6

What 6 things MAY the Judge consider when assessing the Probative Value of Propensity Evidence?
(FUCN ST)

Answer 6

(1) FREQUENCY
(2) Connection in TIME between the the acts which are the subject of the evidence and acts which constitute the offence.
(3) SIMILARITY
(4) NUMBER of persons making similar allegations
(5) Whether these are the result of COLLUSION or SUGGESTABILITY
(6) UNUSUALNESS

Question 7

Further to the Probative Value, what 3 other factors are required for admissibility of Propensity Evidence?

Answer 7

(1) There is a sufficiently strong CONNECTION between offences and
(2) a discernable METHODOLOGY or pattern
(3) a tendency to prove or disprove anything of CONSEQUENCE.