| 单词 | Similar fact evidence |
| 释义 | 類似事實證據 Evidence of the accused’s previous conduct which suggests a propensity to act in a way similar to the way the accused is alleged to have acted on the present charge. The traditional statement of the rule regarding the admissibility of similar fact evidence is that the prosecution may not adduce evidence tending to show that the accused has been guilty of criminal acts other than those covered by the indictment for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or character to have committed the offence for which he is being tried: Noor Mohamed v R [1949] AC 182, 1 All ER 365 (PC). In modern times the principle underlying the rule has been shown to be that evidence that the accused has been guilty of other offences is admissible if those offences share with the offence which is the subject of the charge common features exhibiting such an underlying unity or striking similarity that it would be an affront to common sense to assert that these features could be explained away on the basis of coincidence: HKSAR v Tham Chee Seng [1998] 3 HKC 654. See also Propensity evidence. 顯示被告以往的行為的證據，此等證據傾向與被告在現行控罪被宣稱已作的行事的方式類似。關於類似事實證據的可接納性的傳統規則是，控方不可援引有助於顯示被告曾犯有刑事作為的證據，除由公訴涵蓋的形事作為之外，目的在於作出結論，顯示從被告過往的刑事行為或品格來看，相當有可能已犯他正被審訊的罪行：Noor Mohamed v R [1949] AC 182, 1 All ER 365 (樞密院)。在現時，構成類似事實證據的原則顯示，如有關的罪行與現行控罪的標的事項共有共同的特徵，顯示基本上的統一性或顯著的類似性，則被告曾犯有其他罪行的證據可獲接納，因宣稱可以巧合的原因解釋有關特徵的發生，與常識大相逕庭：HKSAR v Tham Chee Seng [1998] 3 HKC 654。另見 Propensity evidence。 |
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