Similar Fact Evidence

August 19th, 2020 by James Goudie KC

In R v P (2020) ECCA 1088 the Court of Appeal considered similar fact evidence in family cases and held that : –

(1) The analysis in the civil case of O’Brien v Chief Constable of South Wales Police (2005) 2AC 534 applies to family proceedings;

(2) There are 2 questions, whether the evidence is relevant, and, if so, whether it is in the interests of justice for it to be admitted;

(3) The analysis in the criminal case of R v Mitchell (2017) AC 571 is applicable to family and civil cases : the Court must be satisfied, on the basis of proven facts, that propensity has been proven.

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