R v Bond

Facts

Bond, a doctor, was charged with using instruments on a woman to procure a miscarriage. He said the instruments were used for a proper examination. The prosecution called another woman, on whom he had used instruments, and evidence that he had said he had done the same thing many times when a woman was in trouble.

Issue

May other acts of the same kind be proved to rebut an innocent explanation?

Held

Yes. The Court for Crown Cases Reserved held that the evidence was admissible to negative accident or an innocent purpose. It was not admitted to show that he was a man likely to commit the offence.

Principle

Other misconduct is admissible if it rebuts a defence that would otherwise be open. It is not admissible as bare propensity.

Why it matters

It is the mistake category under Makin. Smith, the brides in the bath, is the accident category. Ball is innocent association.

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