R v Sharpe (No 5)

The case of R v Sharpe (No 5) involved the accused, Sharpe, who was charged with murder. The defence sought to adduce evidence of previous instances of violence on the part of the deceased as tendency evidence to support a claim of self-defence or defence of another. The Crown objected to the introduction of this evidence, arguing that it did not have significant probative value. The legal issue before the court was whether the evidence of the deceased's previous acts of violence was admissible under the tendency evidence provisions of the Evidence Act.

The court considered the probative value of the evidence and the potential prejudice to the accused. It noted that the evidence had to be relevant to an issue in the case and had to have significant probative value. The court also considered the time lapse between some of the instances of violence and the murder. It found that some of the evidence was too remote in time and did not have significant probative value. However, the court admitted some of the evidence as it was relevant to the issue of self-defence and had significant probative value.

The court held that evidence of the deceased's previous acts of violence could be admitted if it was relevant to an issue in the case and had significant probative value. The court found that some of the evidence was too remote in time and did not have significant probative value, while other evidence was relevant and had significant probative value. The court admitted the relevant evidence and left it to the jury to determine its weight. The accused was ultimately found not guilty of murder but guilty of manslaughter.