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evidence - crim lit > 4 Bad character > Flashcards

4 Bad character Flashcards

1
Q

Why is it important to know if it’s bad character?

A

If it is, then must pass through the gateways.

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2
Q

What if it considered as a bad character?

A

It must pass through one of the gateways

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3
Q

How can prosecution admit bad character?

A

Must give notice to D

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4
Q

How can D admit bad character?

A

Seek leave from court

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5
Q

What is the definition bad character?

A

Evidence of misconduct

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6
Q

What does misconduct mean?

A

Commission of offence or other reprehensible behaviour

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7
Q

What misconducts are excluded from bad character?

A
  1. Has to do with the charge
  2. Connected to investigation or proceedings (ie police torture or police plant evidence)
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8
Q

What is included in misconduct?

A

Previous convictions or cautions but also included misconduct whether or not D was convicted or cautioned.

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9
Q

How many ways to admit non-D’s bad character?

A

Three ways

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10
Q

List ways can admit non-D’s bad character

A

a. Important explanatory evidence.
b. Substantial probative value in relation to important matter in issue.
c. parties agree

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11
Q

How may ways to admit D’s bad character?

A

7 ways

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12
Q

What is gateway a. to admit bad character against D?

A

All parties agree

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13
Q

What is gateway b. to admit bad character against D? Why?

A

D volunteers the information to get modified good character direction

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14
Q

What is gateway c. to admit bad character against D?

A

Important explanatory evidence

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15
Q

What is gateway d. to admit bad character against D?

A

It is relevant to an important matter in issue between prosecutor and the defendant (ie establish identity of offender)

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16
Q

What can the court look when using gateway d.?

A

Propensity

17
Q

How is propensity decided?

A
  1. Frequency is relevant but can include infrequent if it shows particular mindset
  2. How long were they?
  3. How similar?
18
Q

In what gateways judge has the discretion to exclude after gateway test is satisfied? Why?

A

Gateway d. where the bad characters used to show propensity. For d. when it causes unfairness to D and used to prop up weak case.

19
Q

What is gateway e. to admit bad character against D?

A

Substantial probative value in relation to matter in issue between D and co-D

20
Q

When is gateway E. usually used?

A

Where there are cut throat defences

21
Q

What is gateway F. to admit bad character against D? When? Extend that is admissible? D has any options?

A

To correct a false impression. Include false impression given in police interview too. Admissible to the extend to correct the false impression. D can withdraw the false impression anytime!

22
Q

What is gateway G. to admit bad character against D? When? What is not included?

A

When D or his representative make an attack on non defendant. The attack can be made since police interview to witness testifying. Mere denial is not an attack.

23
Q

What happens if gateway G is opened? Any options?

A

All D’s previous conviction is admissible. Judge has the discretion to exclude previous convictions.

24
Q

What is the general rule regarding good character? What is the exception?

A

It’s not admissible. Only D’s good character is admissible.

25
Q

What are the two things judge may give credit for good character?

A

Credibility - only if D testified
Propensity - always available

26
Q

What are the kinds of directions judge can give?

A
  1. Absolute good character
  2. Effective good character
  3. Modified good character
27
Q

When is absolute good character direction given?

A

No previous conviction or other reprehensible behaviour alleged, admitted or proven.

28
Q

When is effective good character direction given? Procudure?

A

D’s blemishes are minor - old, minor or irrelevant. Must apply and judge has discretion to decide.

29
Q

When modified good character directions given?

A

When D used gateway B. an volunteers informationW

30
Q

What judge must remind himself when giving directions on good character?

A

Avoid giving meaningless or absurd directions

evidence - crim lit (4 decks)

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