Translate aswanidatt.com
    Translate from:

    Translate to:

Similar Fact Evidence – Using Your Past Against You

The prior conviction was admissible as “some evidence” linking the appellant to the assault on J.S.  In the context of a similar fact application, a prior conviction may be tendered to establish an essential element of the prior offence where that element has been placed in issue.  The admissibility of a prior conviction does not depend on whether it was the product of a guilty plea or a post‑trial guilty verdict.  Verdicts should not be viewed as hearsay or opinion evidence of questionable value.  Whether rendered by a jury or by judge alone, they are presumptively reliable and, on the issue of identity, should be treated that way unless overturned on appeal or later shown to be wrong.

Because similar fact evidence is presumptively inadmissible, its probative value must exceed its prejudicial effect.

First, it is not uncommon for a trier of fact to be exposed to a prior conviction, in the form of a guilty plea, which stems from the similar fact evidence the Crown seeks to lead.  The trier of fact is made aware of the limited use that can be made of the similar fact evidence, and the accused can challenge or explain the prior conviction.

Second, while a prior conviction constitutes strong proof that the similar act conduct in question occurred, that does not make the conviction inadmissible.  The fact that a piece of evidence operates unfortunately for an accused does not render the evidence inadmissible or the trial unfair.

Third, an accused is entitled to a fair trial, not a trial in which the playing field is tilted in his or her favour.  Once an accused challenges his or her involvement in an earlier incident, the rules of evidence do not permit the accused to keep the best evidence linking him or her to that incident — the conviction — from the trier of fact.

While an accused should not be automatically foreclosed from challenging a prior conviction at the voir dire stage of a similar fact application, situations in which such a challenge may be launched will be rare because of the low evidentiary threshold (“some evidence”) required to link an accused to the similar act.  A challenge at the voir dire stage will not be appropriate if there is no reasonable likelihood that it will impact the admissibility of the evidence.  In deciding whether the conviction can be challenged, labels such as res judicata and abuse of process are unhelpful and inappropriate — neither of these doctrines can prevent an accused from challenging a prior conviction on a voir dire.  The decision to allow a challenge or not at the voir dire stage is a function of the trial judge’s right to control the proceedings.

Source: R. v. Jesse, 2012 SCC 21

Contact
Contact Us
905-755-0104

Toll Free: 1844DATTLAW (1-844-328-8529)

295 Matheson Blvd. East
Mississauga, Ontario
L4Z 1X8
map it
Ahmed Kadhim
Ahmed Kadhim
18:08 17 Nov 19
He helped my brother and he did great job he was very professional really smart and very experienced, I would recommend him for my friends if they need his help.read more
Sunil Pattnaik
Sunil Pattnaik
21:39 27 Oct 19
Aswani, is honest, compassionate,. professional and smart lawyer. He understands and resolve any challenges in a professional way. I recommend his service for anyone who is looking for real time help.read more
Sumit Joshi
Sumit Joshi
17:46 20 Oct 19
One of the best criminal lawyer around. Highly knowledgeable and an expert in his field. Excellent client service as well. Highly recommend.read more
sonia sharda
sonia sharda
22:12 18 Oct 19
Aswani Datt is very Knowledgeable and professional lawyer. I highly recommend him for any of your legal needs. His communication skills to explain and talk about your case is phenomenal.read more
Himanshu Joshi
Himanshu Joshi
19:20 18 Oct 19
Aswani Datt is very knowledgeable, honest & compassionate. He takes ownership for his clients & is very thorough on the legal representation. He is very detailed & very clear on expectations. He always came well prepared and fought very hard for me. I will always be extremely grateful. It is with great enthusiasm that highly recommend him.read more
sukaina radhi
sukaina radhi
00:33 17 Oct 19
Great service, very professional ,he work really hard on his client cases and definitely would recommend him to others.read more
Mike Kadhim
Mike Kadhim
18:53 16 Oct 19
Very professional extremely smart and and up to the point , he really cares about his clients he deserve even more than 5 stars I would definitely recommend him to anybody who need his services , He helped me with my case and he approached it in a way with no doubt shows expertise and extreme professionalism.read more
Harpreet Lamba
Harpreet Lamba
14:52 28 Sep 19
Great service. Always available to hear your case and try the best to resolve it. I highly recommend Aswani Dutt as a lawyerread more
Singer Squad
Singer Squad
02:40 14 Sep 19
Aswani is truly a professional lawyer, he is always honest to his clients, he is very nice and friendly, i would strongly recommend him as your first choice -- Sincerely Assadread more
Kar Sevak
Kar Sevak
20:34 07 Sep 19
Hard working and honest lawyer. Straight forward. Saved our family and we owe the world to him. Thanks Mr. Datt.read more
Venugopal Nori
Venugopal Nori
23:32 03 Sep 19
Aswani takes ownership of the case and deals it professionally to give it a meaningful conclusion. He is very reliable. Thanks Aswani Datt understands the situation and gives very good advice. He is very prompt in responding to any questions you might have.He provides expert legal advice. I will highly recommend him.read more
Dan C
Dan C
16:40 15 Aug 19
Very professional and knowledgeable, with an open and friendly attitude. He answered all my many questions patiently and provided valuable advice on a complex matter. Thank you again!read more
Yash Menaria
Yash Menaria
04:42 08 Aug 19
Aswani is professional, thorough, and knowledgeable. I would recommend him highly to anyone seeking legal counsel.read more
Nathan Forbes
Nathan Forbes
15:23 05 Jul 19
Aswani was introduced through a family friend and I was very pleased with his service. He was able to provide a better outcome then I had initially envisioned. Communication was great throughout the process. He is knowledgeable, professional and delivers. I would highly recommend him as legal counsel.read more
D Parmar
D Parmar
22:24 23 Jun 19
Aswani is a very professional and knowledgeable lawyer and has handled our case with utmost care and taking care of all minute details. Made us feel comfortable and kept us well informed. Highly recommend his service as a lawyer.read more
IRIS Consulting
IRIS Consulting
16:43 04 May 19
I strongly recommend Aswani to people who need legal consulting. He is extremely competent and familiar with the system. He has handled some complex matters efficiently that I’d give him 5 stars. Keep up the amazing work Aswani. BR/Anandread more
Ryan Wolf
Ryan Wolf
23:24 21 Apr 19
Aswani k. Datt was randomly selected to represent me in a legal matter. He was professional, efficient, kind, caring, accommodating and very patient. He promised a quick and speedy resolve on my matter. He delivered as promise. He is highly recommended, and i want to thank him for everything that he has done for me. He is a brilliant and wonderful lawyer!read more
Sharanbir Khudal
Sharanbir Khudal
23:01 18 Apr 19
An Absolutely intelligent officer of the law, and an even better human being. He makes you feel comfortable and confident in your situation and will find ways to get you to your hopeful results in manners which you will not expect. I recommend him to everyone and anyone who needs legal help, not once, but as many times as necessary. If you’ve run across him for your legal needs, don’t look further.read more
Zulfiqar Shah
Zulfiqar Shah
14:10 10 Apr 19
I am trying to find words to describe our experience with Mr. Aswani, I find myself pondering how to describe him. I find myself lost for words and a short precise description would be Brilliant and Professional Lawyer, Friendly person to deal with and whenever we met him there was always a warm friendly smile telling you to not to worry. Ones walks out with confidence that he has your back. These words are the minimum to describe him, at least from my experience. If for any reason anyone out there needs a Lawyer, I would extremely highly recommend Aswani K Dutt.read more
Ankur Gandhi
Ankur Gandhi
20:40 05 Mar 19
Best lawyer in town. Needed someone to represent me with my divorce case involving a child. He went above and beyond. Trust me you won't go wrong if he's your lawyer. And when he gives you an advise please take it because he's only thinking in best interest of his client.read more
Next Reviews