*6-Character Evidence Flashcards

1
Q

is defendant good character admissible

A

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

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2
Q

is defendant bad character admissible

A

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

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3
Q

is witness good character admissible

A

inadmissible with very limited exceptions

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4
Q

is witness bad character admissible

A

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

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5
Q

what is included in defendant good character

A

absolute good character- no pre convictions

effective good character- no relevant pre conditions

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6
Q

what is propensity direction

A

likelihood to offend

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7
Q

what is the credibility direction

A

likelihood to offend

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8
Q

what is typical rule for witness good character

A

not usually allowed but sometimes is for fairness

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9
Q

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

A

has to do with the facts of alleged offence

conduct is related to investigation of offence

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10
Q

what are the issues with bad character evidence

A

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

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11
Q

where are the 7 gateways to bad character evidence seen

A

in section 101 of criminal justice act

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12
Q

what are the 7 gateways for bad character

A

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

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13
Q

what is section 102

A

when bad character is explanatory evidence

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14
Q

when is it explanatory evidence

A

impossible to follow case without it

substantial value for understanding

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15
Q

when would there bad character be substantial for understanding

A

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

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16
Q

section 103 of cja relates to which relationship

A

matters in issue between d and prosecution

17
Q

what situations does section 103 relate to

A

when someone has committed similar crimes before

related to propensity to commit same crime again or lie.

18
Q

what past offences are typically allowed to be admitted

A

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

19
Q

when are prior offences not mentioned

A

when they are unjust to admit s103 3 cja

20
Q

the case of Hanson states

A

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

21
Q

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

A

look at time since past offences

prosecution can’t bolster weak case on propensity alone

22
Q

what is in gateway 103 1b

A

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

23
Q

what is gateway seen in section 104

A

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

24
Q

gateway in s101 f/ section 105 is

A

evidence to correct a false impression given by the defendant

25
What is the final gateway/section 106 cja
bad character evidence is allowed when defendant has made attack on other persons character replaces tit for tat rule
26
attacking someones character allows for what type of bad character evidence to be admitted
bad character evidence relating to credibility and propensity
27
what section is non defendants bad character allowed under
section 100 ss 2 of the CJA
28
what is under s100 ss 2 of CJA (admissibility of non defendant bad character)
a)explanatory b)high probative value c)agreement by parties judges look on case by case basis