Propensity Evidence

Question 1

When can propensity evidence be offered

Answer 1

If the evidence has a probative value in relation to the issue in dispute which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant

Question 2

What must the judge consider when assessing propensity evidence

Answer 2

The frequency of occurrence acts, omissions, circumstances

The connection in time between the act, omissions events

The extent of the similarity between acts, omissions, events

The number of persons making allegations against the defendant that are the same/similar

Whether the allegations above may be the result of collusion or suggestibility

The extent to which the acts, omissions, events or circumstances are unusual

Question 3

What must the judge consider when assessing the prejudicial effect of evidence

Answer 3

whether the evidence is likely to unfairly predispose the fact-finder against the defendant

Whether the fact finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions

Question 4

What must the judge consider when assessing the probative value of propensity evidence

Answer 4

The nature of the issue in dispute

Question 5

When is propensity evidence admissible in deception cases

Answer 5

Where there is a sufficiently strong connection between the offences

Question 6

What is propensity evidence

Answer 6

Evidence that tends to show a person’s propensity to act in a particular way or state of mind (intent)

Does not include evidence of an act or omission that is

• 1 of the elements of the offence for which the person is being tired
• the cause of the action win the proceeding in question