2. Similar fact evidence

2. Similar fact evidence

Similar fact evidence is that which tends to show that the defendant has been guilty of other criminal acts, for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or character to have committed the offence at trial.

The general rule is that such evidence is inadmissible. However, there is an exception that if the similar fact evidence is relevant to an issue in the case for reasons other than to show a mere propensity to commit another offence, it may be admissible. In other words, if such evidence is adduced not only to show that the Defendant is more likely to have committed a crime (any crime), and that they can make it more probable or less probable that certain facts in relation to an element of the offence existed, this may be admissible.

A notable example is the fact that the defendant is a member of a triad society. It is common for the prosecution in a murder trial to adduce this fact in order to prove the motive of the defendant, for example, that he attacked the deceased in the context of a triad revenge attack.