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Non-similar fact propensity evidence: admissibility, dangers and jury directions

journal contribution
posted on 2001-01-01, 00:00 authored by G 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

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