Although it does need the judge to prohibit the data in the event that, seen regarding the framework and you can method merely demonstrated, there clearly was a fair look at the same facts proof and therefore are in line with purity
- McMurdo P (that have exactly who I arranged) emphasised “the brand new outstanding entryway from comparable facts proof.” In the finishing there have been “tall parallels” amongst the carry out alleged by the one another complainants, it was held one to “if A’s proof of the new payment away from matters 3 and you will 4 is actually recognized, up coming discover zero realistic look at that facts in line with this new appellant’s purity on the count dos of J.” Following Pfennig try, the majority reasoned one “many similarities within accounts out-of J and you will An are good enough hitting so you’re able to compensate evidence of a common modus operandi.” Consequently, it had been kept that the counts was in fact appropriately registered “as they was indeed regarding outstanding group of similar reputation.”
However it does require legal in order to exclude the data in the event that, seen regarding context and you may means only described, discover a good look at the similar fact evidence and therefore is actually in line with innocence
- The test are used are lay out the following:
“The difficulty away from joinder out-of fees due to their equivalent profile provides of late come sensed from the Higher Legal in Phillips v The fresh new King .