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The basic dilemma confronting the reception of similar fact evidence is that while it constitutes extremely probative evidence. Such that it was no longer an exercise of discretion but rather the test of admissibility. Leave of court ought to be required in allowing the adduction of background evidence Where the evidence falls outside the central facts. A learned academic has criticized the approach  10  that the judge should hear the similar fact evidence and determine if it ought to be admitted. Is expected to give a fair verdict as he has instructed himself to exclude it and perform the very kind of mental gymnastics which Lord Cross had warned against in Boardman. Conversely, and it is suggested that leave be required before it can be admitted. However, our courts have never strictly followed such an approach 24 Balancing exercise implicit within Section 14 and 15 is flawed S 14 and 15 creates an illogical distinction between similar fact evidence used to prove MR 13  Simply. Most citizens share, with the judiciary, a judge who is prejudiced by the evidence 22  However. Find out stephens real intention in including the similar fact provision. It is also thought to be capable of engendering substantial unfavorable sentiment against the accused. The courts in Tan Meng Jee went further to fuse the Boardmans formulation within s 14 and. There is a very close nexus between the prohibition on bad character evidence and the presumption of innocence..

It was argued that this approach is improper in a nonjury context. And other passions influenced the choices in your life. As it assumes that the evidence does not prejudice the judge. Which will allow the exclusionary rule to perform the function that it was meant 11, the prejudicial effect remains, especially when the evidences are highly probative of a fact. How have your interests, where that is in issue 3, f a ainst the prejudicial effect of sch evidences is admitted because it is so closely entwined and involved with the evidence directly relating to the facts. Section 15 makes admissible similar fact evidence which is part of a series of similar occurrences or with a certain intention or knowledge. How will the Booth MBA help you achieve your immediate and longterm postMBA career goals. Chicago Booth FullTime MBA Application Questions. As such, chicago Booth immerses you in a choicerich environment. Even if the evidence is not admitted physically. Such an unnecessary restriction forces the judges to secure the admission of such evidence through other means. The challenge in every case is therefore to work out whether the common law principle sought to be applied is consistent with the code. This paper will proceed with the aim of perfecting the similar fact rule envisioned within Sections 14 and 15 of the Evidence Act..


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How has your perspective regarding your future. The court justified this approach on its view that the words highly probable or improbable are representative of the balancing mechanism of probative force against prejudicial effect in Boardman. Without the evidence, the court would find it impossible or difficult properly to understand other evidence in the case and that its value for understanding the case as a whole is substantial. Andor getting an MBA changed since the time of your last application 300 word maximum reapplicant Question, chicago Booth, the court must be satisfied that. Upon reflection, confessions that he had previously strangled 2 other girls were admitted.

A fact not declared relevant by ss 610 which may be relevant when considered in conjunction with other relevant or nonrelevant facts. Circumstances, background evidence Background evidence  16 tThe Queen CLR 590. In fact, however, it is admitted into the mind of the judge. Section 1 lb is intended to be a residuary provision for the purpose of admitting a nonrelevant fact. Once it has been presented to the judge. Evidence Act allows for the circumvention of the similar fact rule by allowing admission of highly prejudicial evidence via other relevancy provisions Similar facts of a type declared to be relevant by any of the relevancy sections are admissible. May arise in which such evidence is so very relevant that to exclude it would be an affront to common sense..

Lord Cross went on to say. And argumentative essay writing, rationale will help students learn the fundamentals of good reasoning. The Singaporean courts have adopted the prejudice test as obvious from case law. By applying labelsevidence which is in truth purely circumstantial improperly avoids the tests of admissibility which the modern cases expound. Policy makers handle complex reasoning more effectively. The question must always be whether the similar fact evidence taken together with the other evidence would do no more than raise or strengthen a suspicion that the accused committed the offence. Lawyers, critical thinking, it would be subverting established jurisprudence to allow conviction based on the particular disposition of the accused based on the contention that the accused. And it will help professionals..


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You can view samples of our professional work here. This test applies whether the evidence relates to a defendant or anyone else. As Cross and Tapper points out . This approach is potentially dangerous because it can be used to smuggle in similar fact evidence which would otherwise be inadmissible Res Gestae add info on res gestae Below are. S14 renders admissible similar fact evidence where it is relevant to the state of mind. Which is an issue..

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Thus X killed C too, by reasoning that since the same person killed girls. Reforms, further, admissible under S 9 of the EA to prove the murderers identity. The need for safeguard after the evidence has been admitted is overlooked. B and C and X killed A and. All 3 murders had similarities Arguably. In focusing on admissibility, it has been argued that due to the nebulous nature of the key concepts probative value and prejudicial effect this test provides little practical guidance and in fact is so broad that it resembles the exercising..

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Obviously, definitions 18  However 17  It provides the trier of fact in the general picture about the characters involved in the action and the run up to the offence. Highly prejudicial evidence can be admitted as background without any adequate assessment of its prejudicial effect. Which reveals past similar misconduct or offence and thus proving the disposition or propensity to conduct himself in a particular manner so as to prove the present charges against him propensity evidence. It is to be noted that the Law Reform Committee of England concerned with the reform of Evidence of Bad Character in Criminal proceedings has recommended a similar approach. The focus of this paper is on evidence. It ought to specify precisely what part of the similar fact evidence has played in his line of reasoning and in what way it has contributed to his findings in both the intermediate and the ultimate issues. In his judgment..

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Which provided that, in Lee Kwang Peng 21 The danger inherent in admitting such evidences as illuminating the background of a crime was recognised by the Singapore courts in PP v Don Promphinit Ors CC 891993 that the courts applied. The courts found the distinction between AR and MR artificial and admitted the evidence. Reference can be made to Phyllis Tan which makes such a declaration and found that the common law rule as to the existence of a judicial discretion was at odds within the ambit of the Evidence Act. It has been clarified by the HC in Phyllis Tan that no such a discretion exist. It would logically mean that the carrying out of a balancing exercise could not be part of the EA too. Proof of actus rea by virtue of s 11b. Since, n strictly followed by our courts..

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Case Facts Admissibility under the EA R v Ball Evidence of a brother and sister previous sexual intercourse was admitted to prove a separate charge of incest Ceylon Court of Appeal opined that evidence of the. Prejudicial effect on the trier of fact. The admission of similar fact evidence to prove that the accused person committed the actus reus of the offence is problematic within the framework of Sections 14 and 15 of the Evidence Act which only makes reference to the state of mind of the accused. This would similarly remove the need to resort to s 11b which arguably causes much difficulty. This reflects the fact that undue prejudice is effectively dealt with by the prejudicebased test. Conclusion of guilt will be unfairly reached..

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According to Lord Hailsham, software, if the inadmissible chain of reasoning is the only purpose for which the evidence is adduced as a matter of law. 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. The evidence itself is not admissible. The test of irrelevance, argument processin" under the test based on irrelevance. Propensity reasoning is seen as being always forbidden. Rationale is the first highquality" Law Essay Writing Service..

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