R v Ball

Facts

A brother and sister were charged with incest, said to have been committed when they were living together. The prosecution proved that they had lived as husband and wife at an earlier address, and that a child had been born to them then. The defence was that their association was innocent.

Issue

May the earlier life together be proved on a charge of incest?

Held

Yes. The House of Lords held that the evidence rebutted the defence of innocent association. It was not tendered merely to show a disposition to commit the offence.

Principle

Where the defence is 'we were together, but nothing criminal passed', evidence of a previous sexual relationship may be relevant to that issue.

Why it matters

Makin is the statement of the rule. Ball is the application calls innocent association. Thompson is identity.

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