header-logo header-logo

24 July 2008
Issue: 7331 / Categories: Case law , Law digest
printer mail-detail

Criminal Evidence

R v Davis [2008] EWCA Crim 1156, [2008] 172 JP 358

Under s 101 of the Criminal Justice Act 2003 (CJA 2003), evidence of propensity should not readily slide in under the guise of “important background evidence”. Evidence which is admitted under gateway (c) should not readily be used, once admitted, for a purpose, such as propensity, for which additional safeguards or different tests have first to be met.

There must be a danger in admitting evidence merely as “explanatory”, however important, if the use to which it is really intended to put it is as evidence of propensity, where the statutory tests and safeguards are different. The statutory test for gateway (c) should therefore be applied cautiously where it is argued to overlap with propensity.

Alternatively, PACE, s 78 might well require such evidence to be excluded where it really amounts to evidence of propensity which would not be admitted as such.

Issue: 7331 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Browne Jacobson—Simone Ketchell

Browne Jacobson—Simone Ketchell

Browne Jacobson adds top property litigation Partner in record real estate expansion

Fieldfisher—Megan Goodyer

Fieldfisher—Megan Goodyer

Fieldfisher expands Personal Injury team with impressive partner from Stewarts

Clyde & Co—Jack Holling

Clyde & Co—Jack Holling

Global firm strengthens insurance practice with appointment of partner

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll