Is evidence of domestic violence against a defendant admissible under section 1109 of the Ontario Evidence Code?

California, United States of America


The following excerpt is from People v. Arceo, B234699 (Cal. App. 2012):

Evidence Code section 1109, subdivision (a)(1) provides: "[I]n a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant's commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352."2 Under section 1109, subdivision (a)(1), both charged and uncharged acts of domestic violence are admissible to show a defendant's propensity to commit such crimes. (People v.

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