Similar fact and sexual history evidence

Question 1

What case implies that similar fact evidence may be admissible?

Answer 1

Fraser v HMA

Question 2

How is this problematic?

Answer 2

conflicts with CPA s.101 prohibiting disclosure of previous convictions

Question 3

If evidence of very similar previous convictions is not admissible what does this leave the back door open to?

Answer 3

Similar past conduct that has not been subject of a previous conviction

Question 4

Which case states that generally the defence are not able to lead evidence of the complainers bad character?

Answer 4

HMA v Ronald

Question 5

Which case stated that evidence is relevant only if it indicates the victims propensity for lying and only if it is similar in ‘time place and circumstance’?

Answer 5

M v HMA

Question 6

What did M v HMA reemphasis?

Answer 6

The common law position of probative value over risk of prejudice.

Question 7

What is s.275 not intended to do? What case confirms this?

Answer 7

Admit evidence that would not be admissible in common law. HMA v CJW