Rule against character, propensity, and tendancy Flashcards
Why does the rule against tendency or bad character evidence exist?
It is a rule that evidence of the defendant’s tendency to commit crimes of the sort which he is charged or bad character is not admissible.
On face value this type of circumstantial evidence would appear relevant to the question of whether the defendant has committed the offence in question, however the rule exists because not that it is irrelevant but because it is unfairly prejudicial.
The other reason why is because it complicates and prolongs proceedings and oppresses parties forcing them to fight on too wide a front.
What are the two main exceptions to the rule against similar fact/tendency or character evidence?
Also refer to QEA, CEA, and CL.
The rule against tendency or bad character evidence does not apply if the defendant attempts to establish own good character or cross examines witness regarding their bad character (i.e. clean skin, good bloke).
Evidence of previous convictions is inadmissible unless the prior offence is so ‘strikingly similar’ to the present allegations that the only inference that be drawn from it is one of guilt (Pfennig)
QEA - s 15
QEA - Part 6A relationship evidence
QEA - 132A - Similar fact evidence may not be ruled inadmissible on the ground ‘that it may be the result of collusion or suggestion, and the weight of that evidence is a question for the jury.
CEA - s 94-101
FCR r 30.31
CL - Pfennig test
