› Propensity evidence at common law — Pfennig test
Criminal law
› Evidence
› Non-propensity purposes — relationship context, background, state of mind
Criminal law
› Drug offences
› Importation of border controlled drug — methamphetamine
Quick Take
1Evidence of prior criminal conduct that incidentally reveals a propensity to commit offences of the same character as the charged offence is admissible at common law under the Pfennig test where it is led for specific non-propensity purposes — such as proving the nature of relationships between co-offenders, providing context for recorded conversations, and establishing the accused's knowledge and intention — and where, taken with the other prosecution evidence, there is no reasonable view of the evidence consistent with innocence.
2Where evidence of other criminal conduct is admitted for non-propensity purposes, the trial judge must direct the jury as to the limited purposes for which the evidence may be used and expressly direct against propensity reasoning; juries are presumed to follow such directions, and the risk of unfair prejudice is further diminished where propensity reasoning would be the least compelling use of the evidence.
3The fact that the prosecution has other evidence capable of proving the same point does not render evidence of prior criminal conduct inadmissible; the Crown case may be more cohesive with its inclusion, and the probative value of such evidence is not reduced merely because the prosecution could succeed without it.
