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24 July 2008
Issue: 7331 / Categories: Case law , Law digest
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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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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