ADMISSIBILITY OF EVIDENCE OF PROPENSITY

[2005] EWCA Crim 1423 [2005] EWCA Crim 1423

Where a defendant was one of a number of co-accused he was entitled to adduce evidence of propensity to show that his version of events was more believable than that of his co-accused even if the evidence concerned facts relating to an offence for which the co-accused had not been convicted.

[2005] EWCA Crim 1284 [2005] EWCA Crim 1284

The appellant’s conviction for making an indecent photograph of a child and possessing indecent photographs of children was unsafe in circumstances where the jury were given no adequate explanation of the significance of evidence of propensity adduced by the Crown, and such evidence should have been excluded as it was not relevant to any respect to the charges the appellant was facing.