Propensity

Question 1

Propensity rule defined
S.40 Evidence Act

Answer 1

Evidence that shows a person’s propensity to act in a certain way or have a particular state of mind

• can be used to disprove a defence of mistake, or prove the deception

Question 2

What propensity evidence may be offered?
S.43 Evidence Act

Answer 2

• evidence that has a probative value in relation to any dispute and outweighs the risk that the evidence may unfairly prejudice the defendant

Question 3

Judge to consider when assessing the probative value

Answer 3

• frequency of acts
• Connection between acts
• the extent of similarities
• number of persons making allegations
• whether those people are a result of collusion or suggestability
• extent of unusualness of the acts

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