R v Evans (No 1)

The defendant was charged with multiple offences, including murder, specially aggravated break, enter and steal, and aggravated detain for advantage, following two home invasions that occurred a month apart. The prosecution sought to adduce evidence of both incidents under the Evidence Act 1995. The court had to determine whether the evidence of the earlier home invasion was admissible as tendency evidence under section 97 of the Evidence Act 1995, and whether it could be used as coincidence evidence under section 98 of the Act. The defence argued that the probative value of the earlier incident was outweighed by the risk of unfair prejudice.

The court found that the earlier home invasion bore substantial similarities to the charged offences, and that the principal fact in issue was whether the defendant was present at both incidents. The court held that there was no concession that joint criminal enterprises were proven, nor that the mental elements of the offences were established. The evidence of the earlier home invasion was capable of having significant probative value on both bases, and the risk of unfair prejudice was outweighed. The court held that the evidence was admissible as both tendency and coincidence evidence.

The court found that the evidence of the earlier home invasion was relevant to the principal fact in issue, and that its probative value outweighed any risk of unfair prejudice. The evidence was therefore admissible under both sections 97 and 98 of the Evidence Act 1995. The court did not make any final orders in this case, as it was an interlocutory decision.