Similar fact evidence

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Evidence
Part of the common law series
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Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
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Hearsay: in U.K. law · in U.S. law
Relevance
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Laying a foundation
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Character evidence · Habit evidence
Similar fact evidence
Authentication
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Judicial notice · Best evidence rule
Self-authenticating document
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Party admission · Ancient document
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Present sense impression · Res gestae
Learned treatise  · Implied assertion
Other areas of the common law
Contract law · Tort law · Property law
Wills and Trusts · Criminal law

In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue.

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 bad act? - 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 btw details, distinctive features and circumstances of past act and current offence - Proximity in time between past act and current offence - 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)