Tendency and Coincidence

Question 1

Can the prosecution admit evidence for non tendency purpose?

Answer 1

No - Section 95 of the Evidence Act states that tendeny evidence must be admitted for that purpose.

Question 2

Can the defence admit evidence for tendency and coincidence?

Answer 2

No - S101 of the evidence act states that the probative value has to outweigh danger of unfair prejudice and only applies to the prosecution

Question 3

How did one case change another case in terms of tendency and coincidence?

Answer 3

TL changed Bauer (and also hughes)
– Bauer said must have a striking resemblance in coincidence. Very specific to prove significant probative value
– TL changed this to be quite broad due to only having 3 possible suspects.

TL said you only need striking similarity if it’s the only evidence of ID – TL had other ID evidence.

Question 4

What is Tendency and Coincidence?

Answer 4

Significant probative value = tendency and coincident evidence
Tendency evidence is about person/witness
Coincident is about the facts
Is always circumstantial – never direct evidence