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Words: | Submitted: Fri Jan 28 2005
... commit a similar crime again and may convict on that basis rather than on the actual facts in issue. They may be more disposed to find the accused guilty if they know he has fallen foul of the law on other occasions, despite evidence to the contrary that is presented to them. Lord Goddard's statement in R v Sims1 talks of evidence as being logically probative, and as a general rule all evidence that is probative will be admissible. In the case of similar fact evidence thought he judge will have to use his discretion as to whether to admit the evidence when balancing it against the possibility of any prejudicial effect to the accused's case. If the evidence is prejudicial it may not necessarily be admitted despite its probative effect. In this area of the law of evidence there is a big clash between the probative and prejudicial effect. Similar ...
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