70109 Study Guide - Final Guide: Logical Reasoning, Arsenic Poisoning, Baby Farming

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19 Aug 2018
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Tendency reasoning is using evidence about a particular person to infer the probability that a pattern of behaviour will follow: person --> behaviour pattern = tendency, called propensity under common law. Approach to problem solving: is the evidence relevant (s 55) for tendency and coincidence s 95, can the evidence be used for tendency and coincidence s 97, s 98 (cid:1007). S 97(1)(b), s 98(1)(b: and in criminal proceedings, does the substantial probative value of the tendency and/or coincidence evidence outweigh the prejudicial effect on the defendant s 101. Bp v crown: for tendency evidence to be relevant the probative value depends on 2 things: 2 - tendency once proved or established has to be relevant - capable of rationally affecting probability of existence of fact in issue (test in ss 55) If the tendency evidence has multiple uses and has already been admitted for a use other than the tendency use, it must go through the tendency rules.