Facts bearing on question whether act was accidental or intentional.
- When there is a question whether an act was accidental or intentional, or done
with a particular knowledge or intention, the fact that such act formed part of a series of
similar occurrences, in each of which the person doing the act was concerned, is relevant.
Illustrations.
(a) A is accused of burning down his house in order to obtain money for which it is
insured. The facts that A lived in several houses successively each of which he insured, in
each of which a fire occurred, and after each of which fires A received payment from a
different insurance company, are relevant, as tending to show that the fires were not
accidental.
(b) A is employed to receive money from the debtors of B. It is A’s duty to make entries
in a book showing the amounts received by him. He makes an entry showing that on a
particular occasion he received less than he really did receive. The question is, whether this
false entry was accidental or intentional. The facts that other entries made by A in the same
book are false, and that the false entry is in each case in favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit currency. The question
is, whether the delivery of the currency was accidental. The facts that, soon before or soon
after the delivery to B, A delivered counterfeit currency to C, D and E are relevant, as
showing that the delivery to B was not accidental.