43 Propensity evidence offered by prosecution about defendants

(1)

The prosecution may offer propensity evidence about a defendant in a criminal proceeding only if the evidence has a probative value in relation to an issue in dispute in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant.

(2)

When assessing the probative value of propensity evidence, the Judge must take into account the nature of the issue in dispute.

(3)

When assessing the probative value of propensity evidence, the Judge may consider, among other matters, the following:

(a)

the frequency with which the acts, omissions, events, or circumstances that are the subject of the evidence have occurred:

(b)

the connection in time between the acts, omissions, events, or circumstances that are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried:

(c)

the extent of the similarity between the acts, omissions, events, or circumstances that are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried:

(d)

the number of persons making allegations against the defendant that are the same as, or are similar to, the subject of the offence for which the defendant is being tried:

(e)

whether the allegations described in paragraph (d) may be the result of collusion or suggestibility:

(f)

the extent to which the acts, omissions, events, or circumstances that are the subject of the evidence and the acts, omissions, events, or circumstances which constitute the offence for which the defendant is being tried are unusual.

(4)

When assessing the prejudicial effect of evidence on the defendant, the Judge must consider, among any other matters,—

(a)

whether the evidence is likely to unfairly predispose the fact-finder against the defendant; and

(b)

whether the fact-finder will tend to give disproportionate weight in reaching a verdict to evidence of other acts or omissions.