Propensity Evidence - Coincidence and Tendency

Question 1

Propensity evidence must overcome two tests. What are they?

Answer 1

1) Evidence must have a significant probative value and degree of relevance
2) Probative value must substantially outweigh any prejudicial effect it may have on the accused
- Propensity evidence is not admissible if it shows only that the accused has a disposition to commit a crime. The strength of its probative value may lie from the fact that the evidence reveals striking similarities, unusual features, or a system or pattern (modus operandi).

Question 2

The ‘Doctrine of Recent Possession’ is a legal phrase that describes a line of reasoning, based on circumstantial evidence, that the accused…

Answer 2

1. Has in their possession
2. Property which was stolen
3. The possession is recent to the theft
4. And there is no other credible explanation consistent with the accused’s innocence
   … the court may infer that they are either the thief or a guilty receiver.

Question 3

What does “recency” depend on in relation to the Doctrine of Recent Possession?

Answer 3

• Type of property
• Scarcity of the property
• Circumstances of the theft
• Time and distance from the theft
• Opportunities to dispose of the property
• Explanation from the accused