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CHARACTER EVIDENCE SUMMARY - Coggle Diagram
CHARACTER EVIDENCE SUMMARY
GENERAL RULE UNDER COMMON LAW
Civil cases:not admissible
Criminal cases:good character evidence is admissible but not bad character
Character Evidence refers to a person conduct or previous acts among a group of person acquainted with him or his tendency or disposition to behave in particular manner including specific acts on his part.
Reasons: It is irrelevant and prejudicial
CHARACTER EVIDENCE IN CIVIL PROCEEDINGS IN MALAYSIA
Section 52 is only applicable to civil cases and under this section, the character of a party is not relevant to suggest the probability or improbability of conduct. Mood Music Publishing Co Ltd v De Wolfe Ltd where
A court will admit Similar Fact Evidence if it is logically probative relevant in stating the matter in question where it should not be oppressive and unfair.
Exceptions: Section 55 of the Evidence Act 1950 (if it affects the amount of damages)
Section 52,53,54 and 55 states that character includes both reputation and disposition but the exception in Section 54 states that evidence may be given only of general reputation and general disposition and not specific acts where reputation and disposition is viewed.
Sandison v Malayan Times Ltd where the amount of damages in an action for defamation is influenced by character of the plaintiff
ADMISSIBILITY OF GOOD CHARACTER EVIDENCE IN CRIMINAL PROCEEDINGS
Habeeb Mohammad v State of Hyderabad: In criminal proceedings, a man character is often a matter of importance in explaining his conduct and in judging his innocence or criminality, an accused is allowed to prove good character.
evidence of good character needs to be proved
Syed Ismail v PP: merely adducing educational background and administrative experience without any complaints made against him does not amount to tendering evidence of good character.
Section 53: Good character is relevant in criminal proceedings
Evidence of good character will carry good weight during mitigation and assessment of sentences.
(Melvani v PP
EVIDENCE OF BAD CHARACTER IN CRIMINAL PROCEEDINGS
Section 54(1):Generally, the prosecution may not adduced evidence of the accused bad character
Section 54(2)
(c) Cross examination on the accused bad character. previous charges, commissions or convictions of offence should be allowed where the accused has given evidence against his co-accused.
Section 54(2): Instances where the shield against bad character evidence of the accused person be broken
(b)Second limb :evidence of bad character of the accused may be admissible if he or by his advocate casts imputations on the character of the prosecutor or the witness of the prosecution.
-May refer to specific instances and not limited to general character
(b)first limb allows the prosecution to ask any question to the accused during cross examination which can reflect the accused bad character if he attempts to assert or establish his own good character.
(a) allows the accused to be asked about misconduct which has already been admitted as part of the prosecution case
ADMISSIBILITY OF CHARACTER EVIDENCE UNDER OTHER PROVISIONS OF THE EVIDENCE ACT 1950
Example:
Section 146: Section 146 allows lawful questions to be asked to witnesses during cross-examination including the accused tho not compelled.
Wong Foh Hin v PP: The court referred to the annotation of section 54 which established that this section does not make inadmissible evidence which is otherwise admissible.
Sharma Kumari a/p Oam Prakash v PP: The words of section 54 and 146 are clear. Bad character evidence per se is not relevant, but the section makes it clear that the bar can have exceptions. Section 146 specifically provides that questions may be put to test witness accuracy, veracity or credibility.
Section 54: does not restrict the admissibility of character evidence under any other provision.