Discussion Paper on Similar Fact Evidence and the Moorov Doctrine

Download or read book Discussion Paper on Similar Fact Evidence and the Moorov Doctrine written by Scottish Law Commission and published by . This book was released on 2010 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report considers the admissibility of evidence of bad character or of previous convictions, and of similar fact evidence; and the Moorov doctrine. Bad character evidence is defined by its simple English language meaning. Similar fact evidence is taken to mean "evidence that the accused has, before or after the facts alleged in the instant charge, acted in a similar way to that charged." It would accordingly include evidence of the accused person's previous convictions. The Moorov doctrine represents what might at first sight appear to be an exception to the Scottish law requirement of corroboration by permitting the credible but uncorroborated evidence of a single witness to an offence to corroborate, and to be corroborated by, the credible but uncorroborated evidence of a single witness to another offence. Such mutual corroboration is only permitted where the crimes are sufficiently connected in time, character and circumstance, and what constitutes a sufficient connection has been the matter of extensive discussion in the courts. This report also considers the related doctrine first identified by the High Court in Howden v M Advocate. This doctrine recognises that where a jury is satisfied beyond reasonable doubt that two offences, libelled together in the same indictment, must have been committed by the same person, they may rely upon the corroborated evidence of identity in relation to one charge to support conviction in relation to the other (in respect of which there would otherwise be insufficient evidence of identity).