Similar fact evidence is admissible if it is to show that the current misconduct was designed, to rebut the likelihood of it being accidental, or to rebut the defence raised by the accused. Law of evidence assess coursework law general essay assess coursework (3) it is apparent that some crimes are almost impossible to detect without police being proactive, nevertheless, it is the duty of the police to detect and prevent crime and so some undercover operation are needed but the question is how far the police and other agencies can go.
Law of evidence analysis of similar fact evidence law essay critically evaluate the importance of judicial discretion to exclude evidence, with particular regard to evidence unlawfully, improperly or unfairly obtained and consider how, if at all judicial discretion has been affected by the human rights act 1998. Since similar fact evidence - as evinced in sâ 11(b), 14 and 15 of the evidence act(ea) - can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the ea and reflect the common law's prejudicial - propensity balancing test 2.
Rationale for the rule excluding similar fact evidence the underlying rationale for the rule excluding similar fact evidence is that to allow it in every instance is to risk the conviction of an accused not on the evidence relating to the facts but because of past behaviors or disposition towards crime such evidence without doubt has a prejudicial effect against the accused. Law of evidence analysis of similar fact evidence law essay. Similar fact evidence definition: evidence tendered in a criminal trial to demonstrate that the accused previously engaged in the relevant prohibited activity in working manual of criminal law , the authors succinctly define similar fact evidence as follows. Avoid resits and achieve higher grades with the best study guides, textbook notes, and class notes written by your fellow students.
Admission of similar fact evidence under the ea is based on a categorization approach , where such evidence is admissible pursuant to the exceptions stated in the ea hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s 14 and 15. Evidence law essay question 1 the question here is whether the items that have been requested from the police form the basis of legal professional privilege and are thus not disclosable to the police.
The quality law coursework & essay library welcome question: outline the development of the law of evidence with reference to the evidence of spouses answer: to be compellable, a witness must first be competent a witness is competent where he can be lawfully called to give evidence, and is compellable if he has a legal obligation to. Law of evidence it is then up to the party trying the fact ie judge or jury to decide if the legal burden is discharged the evidential burden is defined as merely a burden to produce evidence it is the burden of adducing evidence or raising an arguable case.
Question: outline the development of the law of evidence with reference to the evidence of spouses answer: to be compellable, a witness must first be competent a witness is competent where he can be lawfully called to give evidence, and is compellable if he has a legal obligation to. The term ‘character evidence' used under evidence law in united states and canada in order to describe the proof of documents submitted by the party the evidence of good character or bad character is helpful to court in deciding the matter in issue there are three ways to produce such evidence in a court.