The defendant was accused of explosives offences relating to his promotion of the cause of Sikhism through membership of the Khalistan Liberation Force, which promoted an independent Sikh state. The jury considered a video recording of the appellant firing weapons and chanting his support for the Force during the trial of a bomb making conspiracy. During interview, the defendant had said that he was opposed to violence under religious principle, and denied membership of the Force.
Held: The video was admissible ‘as evidence of a continual background of history relevant to the appellant’s part in the alleged conspiracy’. The events recorded were not too distant from the allegations at issue. It was as evidence of a ‘continual background of history’ relevant to Sidhu’s part in the conspiracy, but was not admissible to disprove his assertions that he opposed violence on religious grounds.
Citations:
Ind Summary 22-Feb-1993, (1994) 98 Cr App R 59
Jurisdiction:
England and Wales
Citing:
Approved – Regina v Pettman CACD 2-May-1985
Background evidence is admissible ‘Where it is necessary to place before the jury evidence of part of a continual background of history relevant to the offence charged in the indictment and without the totality of which the account placed before the . .
Distinguished – Regina v Berry CACD 1987
The court doubted the use of past incidents for the purpose of proving the state of mind, ie the intent, of a defendant charged with murder . .
Cited by:
Cited – Regina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
Cited – Regina v Sawoniuk CACD 10-Feb-2000
‘Criminal charges cannot be fairly judged in a factual vacuum. In order to make a rational assessment of evidence directly relating to a charge it may often be necessary for a jury to receive evidence describing, perhaps in some detail, the context . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 08 May 2022; Ref: scu.88025