Propensity Evidence Flashcards
*The Judge may consider WHAT for Propensity?
a) Frequency with which the acts, omissions, events or circumstances (AOEC) which are the subject of evidence may occurred.
b) Connection in time between the (AOEC) which the Defendant is being tried.
c) The extent of the similarity between the (AOEC), which the Defendant is being tried.
d) The number of people making allegations against the Defendant that are the same, similar to the subject of the offence which the Defendant is being tried
e) Whether allegations may be the result of collusion or suggestibility
f) The extent to which the (AOEC) which constitute the offence is usual.
When can the Prosecution offer Propensity Evidence?
Only if the evidence has a probative value in relation to an issue in dispute which outweighs the risk that evidence may have an unfairly prejudicial effect on the defendant.
