4.18.3 - Charge: Tendency Evidence (General Defence Evidence)

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When to Use This Charge

This charge may be given where a direction has been requested regarding tendency evidence called by the defence.

A short direction based on this charge should be given at the time the evidence is led.

This charge should be adapted if the defence calls other forms of other misconduct evidence.

Alternative Charges

If an accused calls evidence of other misconduct evidence about a co-accused, use Charge: Other Misconduct Evidence (Co-accused’s conduct)

Use of Tendency Evidence

Members of the jury, you have heard evidence that NO3P[1] has demonstrated a tendency, or in other words, a pattern of behaviour, to [describe alleged tendency, e.g. behave violently after drinking alcohol].

[Identify relevant tendency evidence]

The defence argues that [summarise defence arguments on the use of tendency evidence]. In response, the prosecution says [summarise defence arguments on the use of tendency evidence].

You must take this evidence into account when deciding whether the prosecution has proved, beyond reasonable doubt, that [identify relevant fact in issue].

Notes

[1] Name of third person.

Last updated: 29 June 2015

See Also

4.18 - Tendency Evidence

4.18.1 - Charge: Tendency Evidence (General Charge)

4.18.2 - Charge: Tendency Evidence (Sexual Interest Evidence)