What does the term similar fact evidence mean?
In Working Manual of Criminal Law, the authors succinctly define similar fact evidence as follows: “It is evidence pertaining to similar conduct of the accused on other occasions or of the commission by the accused of similar offences.
What is the difference between similar fact evidence and character evidence?
General Principles. Similar Fact Evidence (SFE) is a form of character evidence that relates to “extrinsic misconduct by an accused” and is presumed inadmissible. The SFE rule is described as an exception to the general rule against bad character evidence.
What is similar fact evidence South Africa?
In Schwikkard and van der Merwe’s book, Principles of Evidence, similar facts are described as: “facts that are directed at showing that a party to the proceedings or a witness in the proceedings has behaved on other occasions in the same way as he is alleged to have behaved in the circumstances presently being …
What is an example of similar fact evidence?
There are many contexts in which a litigant may attempt to introduce similar fact evidence such is in relation to criminal behaviour (e.g. past criminal behaviour to show a propensity to comment a crime) or medical malpractice (e.g. a prior negligent procedure to show an inability to perform other procedures).
What type of evidence is similar fact evidence?
In essence, similar fact evidence is a concept whereby evidence of prior acts is used to prove or otherwise strengthen the argument that a given loss occurred in the same way.
What is similar fact evidence rule?
Similar fact evidence is evidence of facts similar to those which are in issue at trial. The central example is when the prosecution adduces evidence of other similar crimes committed, or alleged to have been committed, by the accused, for the purpose of showing that the accused is guilty of the offence charged.
What is the general rule of similar fact evidence?
In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of inferring that the accused committed the misconduct at issue.
Why is similar fact evidence not admissible?
He recognised that similar fact evidence is usually regarded as inadmissible, primarily because its potential prejudice to the employee exceeds its probative value; similar fact evidence would only be admissible if its probative value exceeded its prejudicial effect.