Gateway (d): 2

Gateway (d): 2

1. Bad character evidence must not be used to bolster weak cases (Hanson, 2005).

2. While there is NO minimum number of events which will trigger propensity, the fewer number of events, the less likely it is to establish propensity. (Hanson)

3. One single event may establish propensity; "child sex abuse or fire setting are clear examples of such unusual behaviour." (Hanson) However, great care must be exercised before admitting a single propensity act. (McDonald, 2007)

4. Woodhouse (2009): a D's conviction for sexual activity with a child was upheld in a case where the prosecution had been allowed to adduce evidence of a similar incident 10 years earlier for which he received a caution. The earlier case displayed similarities to the present one.

5. "Propensity" is not defined but the court in Hanson said that the judge must look for similarities between what D has done in the past and what he is now charged with.

6. Tully and Wood (2007) is important in illustrating that judge's do not have unrestricted discretion to admit previous convictions and general bad character under s.103(2).

7. Logical process the court must follow: 1) Does the history of convictions establish a propensity to commit offences of the kind charged? 2) Does that propensity make it more likely that the D committed the offence charged? 3) Is it unjust to rely on the convictions of the same description or category; and, in any event, will the proceedings be unfair if they are admitted?