In the law of
evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of the accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue.
By jurisdiction
Canada
In Canada, the rule is established in ''
R. v. Handy'',
164 CCC (3d) 481, 2 SCR 908 (2002):
Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its reception.
Questions arise as to how the Court will measure the elements of this rule:
i) What constitutes a prior act of misconduct?
* Any past misdeed, does not have to proven as a conviction.
ii) Why does the Court speak of evidence in relation to a 'specific issue'?
* Good measure of probity, what other issue beyond disposition or propensity evidence.
iii) How is probative value determined?
* Nature of similarity between details, distinctive features and circumstances of past act and current offence
* Proximity in time between past act and current offense
* Number of occurrences of the similar acts
* Any intervening event
* Any other factor tending to support or rebut the unity of past act and conduct in question (i.e. appearance of collusion)
England and Wales
The 2001 trial of
Roy Whiting
Sarah Evelyn Isobel Payne (13 October 1991 – c. 1 July 2000), was the victim of a high-profile abduction and murder in West Sussex, England in July 2000.
Her disappearance and the subsequent investigation into her murder became a prominent c ...
may have influenced the decision to change the law in England and Wales (R v Handy continues to govern the law in Canada). These changes were brought into force by the 'Bad Character' provisions of the
Criminal Justice Act 2003
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland an ...
(sections 98 to 113).
Although preceding these changes,
Rosemary West
Rosemary Pauline West (née Letts; born 29 November 1953) is an English serial killer who collaborated with her husband, Fred West, in the torture and murder of at least nine young women between 1973 and 1987; 's 1995 trial has also been cited as an example where similar fact evidence was crucial to the prosecution case.
Similar fact evidence can be used even if the original "misconduct" could not be prosecuted due to duress or the offender's youth. In a case of a Devon family imprisoned in 1998, one of the defendants appealed his conviction for raping his sister at the age of 16, suggesting it was unlikely that she would not complain or seek help. It was held that the evidence that his father had coerced him into sexual acts with his other sisters as a child was similar fact evidence and, in addition to the systematic long-term sexual activity and abuse within the family, sufficient to explain why he felt that he could get away with abusing her and knew she could not rely on her family for protection; his appeal failed.
v TM, 2000, 2 Cr App 266
New Zealand
In New Zealand, the rules regarding similar fact evidence are codified by section 43 of the
Evidence Act 2006
The Evidence Act 2006 is an Act of the Parliament of New Zealand that codifies the laws of evidence. When enacted, the Act drew together the common law and statutory provisions relating to evidence into one comprehensive scheme, replacing most ...
.
Scotland
Under
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
, this is covered by the well-established use of the
Moorov Doctrine.
United States
Under Rule 404 of the United States
Federal Rules of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...
, evidence of a person's character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. Additionally, evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
See also
*
Doctrine of chances
In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances.
Normally, under Federal Rule of Evidence
First ...
References
External links
Supreme Court Of Canada Case: R. v. Hardy
{{DEFAULTSORT:Similar Fact Evidence
Evidence law