LAW OF EVIDENCE II

TUTORIAL 2

1. Explain the following cases:

• BOARDMAN [1975] AC 421
• R V P [1991] 3 All E.R 337
• R V SMITH [1915]11 APP REP 229

2. “Such probative force may be derived from striking similarities in the evidence about
the manner in which the crime was committed and the authorities provide illustrations of
that, of which Straffen and Smith provide notable examples. But restricting the
circumstances in which there is sufficient probative force to overcome prejudice of
evidence relating to another crime to cases in which there is some striking similarity
between them is to restrict the operation of the principle ………..”

(Per Lord Mackay in R v P (1991) 3 All E.R 337)

Discuss

3. Mike, a businessman has been charged with the murder of Lisa, his wife while they
were on their honeymoon in 2015. He is alleged to have murdered her by causing her to
drown while they were scuba diving near Tioman Island. Mike claims that Lisa had a
panic attack while they were diving and that her death was accident. Lisa’s body was
found 2 days later and police investigation revealed that her diving fin had been cut by a
sharp object. The prosecution alleges that Mike had murdered Lisa in order to inherit her
property and claim two insurance policies worth more than RM1.5 million. During trial
prosecution wishes to adduce evidence that Mike’s first wife had also been killed in an
accident while rock climbing with him in 1995 and he had benefitted from an insurance
policy worth RM500,000.

Advise the parties.