A is accused of defaming B by publishing a statement. Is the fact, that on a previous occasion also A defamed B by publishing a defamatory statement relevant?

Question: A is accused of defaming B by publishing a statement. Is the fact, that on a previous occasion also A defamed B by publishing a defamatory statement relevant? [U.P.J. 2012]

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Answer

Section 14 envisages provision for facts showing the existence of the state of mind, or of body, or bodily feeling when is relevant.

Explanation 2 to section 14 states where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact.

The present facts of the case are borrowed from the illustration (e) to section 14. In this case, A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant as proving A’s intention to harm B’s reputation by the particular publication in question.

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