Tendency and Coincidence Flashcards
What is the major concern with T & C evidence?
It discloses prior conduct that may prejudice the way the trier of fact views the defendant.
Describe what each of T & C is used for basically?
Tenancy is on the person -They have a tenancy to do a certain thing.
Coincidence is on an event. - The events are too similar therefore it can’t be a coincidence.
What is Tenancy evidence?
S.97
Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had
What is coincidence evidence?
S.98
Two or more events with similarities that make it improbable that it was a coincidence. Goes towards defendant conduct and state of mind.
What is the test to have the court accept T&C evidence?
Significant probative value.
What are the two things required to have the court accept T&C evidence?
Reasonable notice in writing.
Significant probative value.
What is the time frame for reasonable notice in writing?
There is no express time.
Can T&C evidence get in if the notice requirements were not adhered to?
Section 100 Court may dispense with notice requirement if certain criteria is met.
What is required in a tenancy notice?
Set out the substance of the evidence.
The date, time, place and circumstances or which conduct.
The name of each person who saw, heard or otherwise perceived the conduct.
What is meant by the term significant probative value?
The relevance of the evidence. But significant connotes that is more the merely relevant. Regina v ZHANG
What does R v Hoch say about coincidence evidence?
The strength of coincidence evidence is in the similarities and the improbability of those similarities.
It also states that if there is a possibility of concoction the evidence is rendered inadmissible.
Prosecution must negative concoction.
What is the test in Section 101 to have T&C evidence become admissible?
The probative value substantially outweighs any prejudicial effect
What is the three parts of the test under Section 101?
Probative value
Prejudicial effect.
Weigh them against each other.
What case got rid of the no rational explanation test?
Pfennig v The Queen
R v ELLIS held what in relation to the test of admissibility of T&C evidence?
That the rules set out in Section 101 of the Evidence Act where prevailing over the rule set out in the case of Pfennig v The Queen.
