Propensity Evidence and Theft by Conversion

Question 1

Define Propensity Evidence

Section 40, Evidence Act 2006

Answer 1

(1)(a) means evidence that tends to show a person’s propensity to act in a particular way or to have a particular state of mind, being evidence of acts, omissions, events, or circumstances with which a person is alleged to have been involved; but

AOEC

Question 2

When may Prosecution offer propensity evidence

Section 43, Evidence Act 2006

Answer 2

(1) Propensity may be offered only if it has probative value towards the issue that outweighs the risk of prejudicial effect

Question 3

What may the judge consider when assessing value of propensity evidence 
Section 43(3), Evidence Act 2006

FCS NCSU

Answer 3

a- the frequency of AOEC have occurred
b- connection between AOEC of evidence and current offence
c- extent of similarity between AOEC of evidence and current offence

d- number of persons making allegations against defendant that are same, similar to subject of offence being tried
e- whether allegations in (d) are result of collusion or suggestibility
f- extent to which AOEC of evidence and current offence are unusual.

Judge must consider:
unfairly predispose the fact-finder
fact-finder disproportionate weight in reaching verdict

Question 4

Admissibility Rule: Evidence if relevant under S7 Evidence Act if?

Answer 4

if it has a “tendency to prove or disprove anything that is of consequence to the determination of the proceeding

Question 5

What the difference between Obtaining by Deception and Theft

Answer 5

The difference between theft and obtaining by deception hinges on the concepts of:
• possession
• ownership.

If someone obtains by deception- owner/person with special interest in property freely given the offender possession and/or ownership

If someone obtains by theft- taken without owners knowledge or consent. They have possession, never the title or ownership.

Where goods are obtained on ‘hire’ by a false representation, the offence committed is deception. However, if the offender later sells the hired goods to another, they commit theft by conversion.

Question 6

Discuss Section 220 Crimes Act

Theft by person in special relationship

Answer 6

offence under s220 where the defendant has intentionally:
• failed to account to any other person for property received by the defendant

• failed to account to any other person for the proceeds of property received by the defendant
• dealt with property received by the defendant otherwise than in accordance with the requirements of some other person
• dealt with the proceeds of the property received by the defendant otherwise than in accordance with the requirements of some other person.

Question 7

What are the 2 core elements of proof required for S220 offence

Answer 7

(a) received property on terms or in circumstances which to defendant’s knowledge
- affect what they may do with property or its proceeds, or

• require the defendant to act in accordance with the requirements of another person,
  and

(b) that the defendant intentionally departed from the relevant obligation.