Page 455 - Magistrates Conference 2019

COMMON LAW BAD CHARACTER

 Exception:

Similar Fact Evidence = Propensity Evidence

 Propensity evidence means evidence that tends to show a person's tendency to act in a
particular way or to have a particular state of mind.

 It renders more likely the fact that the accused was the offender on the occasion under
investigation because it identifies some behaviour by the accused on another occasion
which tends to confirm their involvement this time because they have displayed the
same behaviour.

 See Makin v Attorney General for New South Wales [1894] AC 57

 Adduced as part of the prosecution case as relevant to propensity and potentially relevant to the
guilt of the defendant on the charge being tried.

 Prosecution required to prove beyond reasonable doubt the truth and accuracy of such evidence.

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