Page 377 - Magistrates Conference 2019

distinctly admit that he did make the statement, proof may be given that he did in fact make it;
but before such proof is given, the circumstances of the supposed statement, sufficient to

designate the particular occasion, shall be mentioned to the witness, and he shall be asked
whether or not he made the statement. 123

Evidence tending to show that the accused has been guilty of criminal acts other than those

covered by the indictment is not admissible unless upon the issue whether the acts charged
against the accused were designed or accidental, or unless to rebut a defence otherwise open to

him. It is undoubtedly not competent for the prosecution to adduce evidence tending to show that

the accused has been guilty of criminal acts other than those covered by the indictment, for the
purpose of leading to the conclusion that the accused is a person likely from his criminal conduct

or character to have committed the offence for which he is being tried.

On the other hand, the mere fact that the evidence adduced tends to show the commission of

other crimes does not render it inadmissible if it be relevant to an issue before the jury, and it
may be so relevant if it bears upon the question whether the acts alleged to constitute the crime

charged in the indictment were designed or accidental, or to rebut a defence which would
otherwise be open to the accused: Makin v AG 124 see also R v Smith 125

(f ) Expert Evidence

Anguilla

The Evidence Act does not expressly provide for the admission “expert” evidence. However, the
Evidence Act and the Government Chemist’s Certificate Act, may be read together to permit the

admission of certificates of analysis routinely referred to in criminal proceedings.

123 Trinidad and Tobago – Evidence Act. Chap. 7:02, section 6
124 (1894) AC 57
125 (1915) 11 CAR 229
39