3.7 Good character Flashcards

1
Q

What are the three types of good character that a defendant may adduce?

A
  1. Good character or absolute good character
  2. Effective good character
  3. Positive good character
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is absolute good character?

A

D has no criminal convictions or other evidence of reprehensible behaviour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is effective good character?

A

D’s convictions are old, minor or irrelevant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is positive good character?

A

D adduces evidence to demonstrate virtuous conduct, eg, volunteering for charity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the four ways in which the defendant can adduce evidence of good character?

A
  1. Cross examination of a police officer to confirm no previous convictions
  2. Formal admissions (s. 10 Criminal Justice Act 1967)
  3. Examination in chief of the defendant
  4. Calling a character witness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When does the defence counsel ordinarily raise with the judge whether and how she should give a good character direction to the jury?

A

At the end of evidence and before closing speeches.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When is it best to raise with the judge the possibility of a direction on effective good character?

A

Before the trial so that defence can decide whether to adduce evidence of previous convictions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the leading case regarding good character?

A

R v Hunter [2015] EWCA Crim 631

Applying Aziz and Vye.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a Vye Direction?

A

R v Vye [1993] 1 W.L.R. 471
A Vye direction is a good character direction to the jury. It consists of two limbs:
1. Credibility of evidence;
2. Propensity to offend.

A partial Vye direction may be given where D has not testified or made pre-trial statements, so D’s credibility is not in issue.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

R v Hunter [2015] EWCA Crim 631

A
  1. Trial judges have broad discretion in whether to give good character (“Vye”) directions unless D is of absolute good character.
  2. D is only entitled to a good character direction if D is of absolute good character.
  3. A partial Vye direction may be given where D has not testified or made pre-trial statements, so D’s credibility is not in issue.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

In what circumstances is a credibility direction required to be given?

A

R v Hunter [2015] EWCA Crim 631

  1. Where D has given evidence, or
  2. Where D has made a pre-trial statement, or
  3. Where D has answered questions in police interview.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Who decides whether good character is relevant to the offence D is charged with?

A

R v Lloyd [2002] 2 Cr App R 355

The judge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Who decides on the weight to be given to good character?

A

The jury.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

In what circumstances is a propensity direction required to be given?

A

R v Hunter [2015] EWCA Crim 631

In all cases in which D is of absolute good character.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Can good or bad character by itself ever amount to a defence?

A

R v Hunter [2015] EWCA Crim 631

No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What character directions will the judge normally give in joint trials where one D is of absolute good character but other DD are not?

A

Good character direction for D1.
No directions for the other DD.

The other DD can seek severance to avoid prejudice but this is unlikely to be granted.

17
Q

What is a modified good character direction?

A

A partial Vye direction. Typically this means giving the propensity limb but not the credibility limb, eg, if D has not given evidence or made any statements.

18
Q

R v Nye [1982] 75 Cr App Rep 247

A

The jury must not be misled into thinking that D has no previous convictions, even if it is the case that she has no relevant previous convictions.

A modified direction as to good character can be given making clear that this is the case.

19
Q

Which statutory provision sets out the circumstances under which evidence of bad character is admissible?

A

Section 101 Criminal Justice Act 2003

20
Q

When does the trial judge have to give a bad character direction?

A

R v Hunter [2015] EWCA Crim 631

When evidence of D’s bad character has been adduced.