Scarman LJ referred to the need for similar fact evidence to be ‘believed’ and the need for the jury ‘to accept the evidence’: ‘Positive probative value is what the law requires, if similar fact evidence is to be admissible. Such probative value is not provided by the mere repetition of similar facts; there has to be some feature or features in the evidence sought to be adduced which provides a link – an underlying link as it has been called in some of the cases. The existence of such a link is not to be inferred from mere similarity of facts which are themselves so commonplace that they can provide no sure ground for saying that they point to the commission by the accused of the offence under consideration’
Judges:
Scarman LJ
Citations:
[1978] QB 1016
Jurisdiction:
England and Wales
Cited by:
Cited – Mitchell, Regina v SC 19-Oct-2016
Appeal against conviction for murder. Evidence was agreed with her representatives as to previous acts using knives, but was presented despite withdrawal by her of her consent. The prosecution now appealed against the quashing of the conviction.
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 17 June 2022; Ref: scu.630593