Cases

Desmond v Bower (CA)

Held

Setting aside the Judge's Order and granting permission to issue the witness summons subject to the trial judge's adjudication on relevance and admissibility upon the tendering of the witness:

(1) Similar fact evidence can be admitted although the justification has been confined to a specific instance of misconduct. The question is whether "the matter which requires proof would be more probable". Taking a broad and non-technical approach, the real issue was whether C was the kind of man who would act in the way alleged in the justification plea. Such evidence was not confined to prior events save where only prior events could be relevant, such as in justification of reasonable grounds or in fair comment (see O'Brien v Chief Constable of South Wales Police and Cohen v Daily Telegraph Ltd);

(2) The admission of such evidence would not be inconsistent with the Judge's earlier ruling, which itself drew a firm distinction between pleadings and evidence.

Also