4 Bad character Flashcards
Why is it important to know if it’s bad character?
If it is, then must pass through the gateways.
What if it considered as a bad character?
It must pass through one of the gateways
How can prosecution admit bad character?
Must give notice to D
How can D admit bad character?
Seek leave from court
What is the definition bad character?
Evidence of misconduct
What does misconduct mean?
Commission of offence or other reprehensible behaviour
What misconducts are excluded from bad character?
- Has to do with the charge
- Connected to investigation or proceedings (ie police torture or police plant evidence)
What is included in misconduct?
Previous convictions or cautions but also included misconduct whether or not D was convicted or cautioned.
How many ways to admit non-D’s bad character?
Three ways
List ways can admit non-D’s bad character
a. Important explanatory evidence.
b. Substantial probative value in relation to important matter in issue.
c. parties agree
How may ways to admit D’s bad character?
7 ways
What is gateway a. to admit bad character against D?
All parties agree
What is gateway b. to admit bad character against D? Why?
D volunteers the information to get modified good character direction
What is gateway c. to admit bad character against D?
Important explanatory evidence
What is gateway d. to admit bad character against D?
It is relevant to an important matter in issue between prosecutor and the defendant (ie establish identity of offender)
What can the court look when using gateway d.?
Propensity
How is propensity decided?
- Frequency is relevant but can include infrequent if it shows particular mindset
- How long were they?
- How similar?
In what gateways judge has the discretion to exclude after gateway test is satisfied? Why?
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.
What is gateway e. to admit bad character against D?
Substantial probative value in relation to matter in issue between D and co-D
When is gateway E. usually used?
Where there are cut throat defences
What is gateway F. to admit bad character against D? When? Extend that is admissible? D has any options?
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!
What is gateway G. to admit bad character against D? When? What is not included?
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.
What happens if gateway G is opened? Any options?
All D’s previous conviction is admissible. Judge has the discretion to exclude previous convictions.
What is the general rule regarding good character? What is the exception?
It’s not admissible. Only D’s good character is admissible.
