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Criminal Practice Revision 7.8 - Bad Character and Good Character Evidence…
Criminal Practice Revision 7.8 - Bad Character and Good Character Evidence
Bad Character Evidence - 7 Grounds to Admit (Defendant's)
All parties agree
The
defendant
introduces
the bad character evidence
The evidence is
needed to properly understand other evidence in the case
Eg Without it, the jury would find it
difficult/impossible to UNDERSTAND THE OTHER EVIDENCE
IN THE CASE
The evidence is
relevant to an important matter disputed
or shows
PROPENSITY
(eg previous similar offences)
Eg propensity to commit crime, or be untruthful
Propensity - 1 event is generally not good evidence for propensity unless the offence has
unusual or distinctive features
Evidence is
substantially probative
to a matter
in-dispute between CO-defendants
Eg when they're blaming each other
Evidence is needed to
correct a false impression
that the
defendant gave
Defendant has
attacked another witness's character
By doing this, they bring their
own character in
Bad character evidence on
witness
/non-defendant - 3 grounds to admit
All parties agree
Important explanatory evidence
substantial, probative
value in relation to a matter which is a
matter in issue in the proceedings
and is of
substantial importance in the context of the case as a whole
Notice to use Bad Character evidence
After defendant enters not guilty plea:
20
business days
, Magistrates' Prosection
10 business days,
Crown
, Magistartes' Prosecution
Good Character Evidence/Good Character Directions
Good Character Direction: 2 Parts
Propensity direction
The propensity
direction is that a person of good character is LESS LIKELY TO HAVE COMMITTED
this offence.
Credibility Direction
The credibility direction is that a
person of good character is more likely to be credible
when they assert their innocence either before or during trial.
Entitled to Good Character Direction from Judge if
No previous convictions
UNLESS
Tthere is
other bad character evidence upon which the prosecution relies
, a good character direction will probably not be available.
May
get good character directions
If the
defendant has previous convictions that are old, minor, and UNRELATED to the current charge
, the defendant will be considered of
effective good character and
may still receive a propensity and credibility direction.
Will NOT get good character direction if above 2 categories unmet
When the Court MUST NOT ADMIT (contrast with can not admit for discretionary exclusion of evidence for unfairness)
defendant’s bad character evidence
under 2 gateways
If the defence makes an application to exclude evidence that Is adduced under Gateways 4 (Relevant to an important matter in issue, incl. propensity), or Gateway 7 (the defendant has attacked another's character),
**
and it appears to the court that
admitting the evidence would have such an adverse effect
on the
fairness of the proceedings, the Court MUST
NOT ADMIT IT
The Court takes into account here the amount of time elapsing between the matters constituting bad character evidence, and the offence charged