InkElites LMS

SIMILAR FACTS EVIDENCE

LAW OF EVIDENCE | Page 17 of 18
Watch Course Video on InkElites LMS
the prosecution with a view to establish his own good character or has given evidence of his good character, it the nature or conduct of the defence in such as to involve imputation on the character of the prosecutor or the witnesses for the prosecution or He has given evidence .against any other person charged with the same offence Section 36 (1): Evidence of Scienter Whenever any person is being proceeded against for receiving any property, knowing i t to have been stolen or for having in his possession stolen property for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceedings: The fact that other property stolen within the period of twelve months proceedings the date of the offence charged was found or had been in his The fact that within the five years proceeding the date of the offence charged, he was convicted of any offence involving fraud or dishonesty The last mentioned fact may not be proved unless:- i). seven days’ notice in writing has been given to the offenders that proof of such previous conviction is intended to be given, and ii) evidence has been given that the property in respect of which the offender is being tried was found or had been in his possession Activity : Write a brief note on what you understand by Similar Facts Evidence CONCLUSION Evidence of general resemblance or of general similar facts are inadmissible. They merely shows propensity, bias and prejudice, is irrelevant and conflicts with the maxim Res Inter alios acta [this means- a thing or event which occurs at a time different from the time in issue is generally not admissible to prove what occurred at the time in issue]. However, there are exceptions to this general exclusionary,