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The scales of justice on a plain background

R v Rance

1975 · 62 Cr App R 118

Posted By lanbuk.com

Facts
Rance and Herron for one warning, and does not set out the charge. Widgery LCJ was asked to treat 'striking similarity' as if those words were a statute.
Issue
Is striking similarity a formula that must be recited before is admitted?
Held
No. Widgery LCJ said the phrase should not be over-weighted. The question is the probative force of the evidence, not whether a particular adjective is satisfied.
Principle
Boardman's language is a guide to the strength of the evidence. It is not a spell.
Why it matters
Scarrott says the same thing in different words: positive probative value, and a link to the charge, not mere repetition. DPP v P turns the warning into a holding.

Words and Latin in this note

Similar fact evidence
Evidence of misconduct other than the offence charged. It is not admitted merely to show a criminal disposition. It is admitted if its probative force is strong enough to outweigh the prejudice. Open the note.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.