Non-similar fact propensity evidence: admissibility, dangers and jury directions
journal contribution
posted on 2001-01-01, 00:00authored byG Flatman, Mirko Bagaric
Propensity evidence remains one of the most obscure areas of evidence law. The uncertainty concerning its admissibility stems largely from a failure to identify the precise forms that such evidence may take and the exact dangers typically associated with each type of propensity evidence. Propensity evidence comes in three basic forms: similar fact evidence; relationship evidence; and where it is part of the res gestae. This article focuses on relationship evidence and res gestae propensity evidence and examines the circumstances in which such evidence should be received. The jury directions that ought to accompany such evidence are also considered.
History
Journal
Australian law journal
Volume
75
Issue
3
Pagination
190 - 205
Publisher
Lawbook Co.
Location
Sydney, N.S.W.
ISSN
0004-9611
Language
eng
Publication classification
C1 Refereed article in a scholarly journal; C Journal article