*6-Character Evidence

Question 1

is defendant good character admissible

Answer 1

yes it is admissible under common law rules, subject to jury directions on credibility and propensity

Question 2

is defendant bad character admissible

Answer 2

yes but restricted through cja 2003 s98 “reprehensible behaviour to do with facts”
and restricted through gateways in section 101

Question 3

is witness good character admissible

Answer 3

inadmissible with very limited exceptions

Question 4

is witness bad character admissible

Answer 4

restricted under section 100
must have high probative value
there is no discretion to exclude

Question 5

what is included in defendant good character

Answer 5

absolute good character- no pre convictions

effective good character- no relevant pre conditions

Question 6

what is propensity direction

Answer 6

likelihood to offend

Question 7

what is the credibility direction

Answer 7

likelihood to offend

Question 8

what is typical rule for witness good character

Answer 8

not usually allowed but sometimes is for fairness

Question 9

rules for bad character are seen in CJA s98 when is it allowed

Answer 9

has to do with the facts of alleged offence

conduct is related to investigation of offence

Question 10

what are the issues with bad character evidence

Answer 10

what is reprehensible ?
how does not committing before equal to a defence?
what is to do with facts ?
admissibility different for different offences

Question 11

where are the 7 gateways to bad character evidence seen

Answer 11

in section 101 of criminal justice act

Question 12

what are the 7 gateways for bad character

Answer 12

1a) agree to evidence being admissible
b) adduced by defendant when mentions in cross c)examination
d) explanatory evidence
e) important issue
f) important issue between d and co d
g) correct a false impression given by d
h) d has attacked anothers character

Question 13

what is section 102

Answer 13

when bad character is explanatory evidence

Question 14

when is it explanatory evidence

Answer 14

impossible to follow case without it

substantial value for understanding

Question 15

when would there bad character be substantial for understanding

Answer 15

propensity/ truthfulness
credibility of account
show correct identification
show inappropriate sexual interest.

Question 16

section 103 of cja relates to which relationship

Answer 16

matters in issue between d and prosecution

Question 17

what situations does section 103 relate to

Answer 17

when someone has committed similar crimes before

related to propensity to commit same crime again or lie.

Question 18

what past offences are typically allowed to be admitted

Answer 18

offences with same category under categories of offences order 2004
eg sexual offences or theft, robbery and burglary

Question 19

when are prior offences not mentioned

Answer 19

when they are unjust to admit s103 3 cja

Question 20

the case of Hanson states

Answer 20

that is important for jury to not believe prosecution due to propensity for example they have committed similar offences before

Question 21

what are looked at when fairness is decided of admitting prior convictions to case

Answer 21

look at time since past offences

prosecution can’t bolster weak case on propensity alone

Question 22

what is in gateway 103 1b

Answer 22

when character evidence used to show when someone has been deliberately untruthful before

Question 23

what is gateway seen in section 104

Answer 23

bad character is able to be shown when d says they have been adduced by a co defendant

Question 24

gateway in s101 f/ section 105 is

Answer 24

evidence to correct a false impression given by the defendant

Question 25

What is the final gateway/section 106 cja

Answer 25

bad character evidence is allowed when defendant has made attack on other persons character replaces tit for tat rule

Question 26

attacking someones character allows for what type of bad character evidence to be admitted

Answer 26

bad character evidence relating to credibility and propensity

Question 27

what section is non defendants bad character allowed under

Answer 27

section 100 ss 2 of the CJA

Question 28

what is under s100 ss 2 of CJA (admissibility of non defendant bad character)

Answer 28

a)explanatory
b)high probative value
c)agreement by parties
judges look on case by case basis