Relevancy Flashcards
Sexual history
Only allowed if it is a reference to the complainers character, condition or predisposition
Where it is relevant to proving the guilty committed the offence
Must be in relation to something specific not just general
Probative nature should outweigh the risk of prejudice
Kinnen v HMA
She indicated that she wanted a sexual relationship with Kinnans son
This was allowed to be questioned on this matter
Showed that she was of an adulterous nature
Wright v HMA
Evidence led that she made advances on him two years prior were irrelevant
There was too much of a time gap and the circumstances were too different in character
She was asleep/drunk/drowsy
CJM v HMA
Leading precedent
must be an unequivocal and unqualified admission in relation to a similar event
Rape allegations of a girl from ages 6-10
Wanted to introduce evidence to the court that she fabricated a fake rape claim when she was 17
Evidence was too remote and prejudicial to possibly label her as a lier
Written element
The evidence must be submitted to the court 7 days before the hearing in order to justify the case and prevent the jury from needing to leave the room
