Bad Character: Defendant Flashcards
Which of the following is NOT a gateway under section 101(1) Criminal Justice Act 2003 for admitting a defendant’s bad character evidence?
A. Evidence to correct a false impression
B. Evidence of important explanatory material
C. Evidence that the prosecution believes is relevant
D. Agreement of all parties
C. Evidence that the prosecution believes is relevant
Explanation:
Evidence cannot be admitted simply because the prosecution thinks it is relevant. It must fit into one of the seven gateways under section 101(1). The correct gateways include agreement, explanatory evidence, and correcting a false impression.
Brian is on trial for burglary. He tells the jury that he is a man of “impeccable honesty.” Which gateway would allow the prosecution to introduce his previous convictions for fraud?
A. Section 101(1)(a) Agreement
B. Section 101(1)(d) Important matter in issue
C. Section 101(1)(f) Correct a false impression
D. Section 101(1)(g) Attack on another’s character
C. Section 101(1)(f) Correct a false impression
Explanation:
By claiming to be impeccably honest, Brian has created a false impression. The prosecution can correct that impression by introducing relevant bad character evidence.
Which one of the following correctly describes the court’s approach under section 101(3) Criminal Justice Act 2003?
A. The court must admit evidence of bad character if it fits through any gateway.
B. The court must exclude bad character evidence if it would create unfair prejudice against the defendant.
C. The court must automatically exclude bad character evidence after an application by the defence.
D. The court must give jury directions but has no power to exclude bad character evidence.
B. The court must exclude bad character evidence if it would create unfair prejudice against the defendant.
Explanation:
Section 101(3) provides that bad character evidence must not be admitted if it would have such an adverse effect on the fairness of proceedings that it ought to be excluded.
Which section of the Criminal Justice Act 2003 deals specifically with explaining when bad character evidence is “important explanatory evidence”?
A. Section 105
B. Section 102
C. Section 106
D. Section 103
B. Section 102
Explanation:
Section 102 defines important explanatory evidence as evidence without which the jury would find it difficult to properly understand the case.
David is jointly charged with Amy for theft. During the trial, David suggests Amy has stolen from employers before. Which gateway allows Amy to introduce David’s previous convictions for theft?
A. Section 101(1)(a) Agreement
B. Section 101(1)(e) Important matter between co-defendants
C. Section 101(1)(f) Correct a false impression
D. Section 101(1)(g) Attack on another’s character
D. Section 101(1)(g) Attack on another’s character
Explanation:
David has made an attack on Amy’s character by alleging prior reprehensible behaviour. This triggers section 101(1)(g), allowing Amy to introduce David’s bad character.
Sarah is on trial for assault. The prosecution wishes to adduce her previous conviction for a similar violent offence. Sarah has pleaded guilty to the current charge. Which gateway is most likely used?
A. Section 101(1)(a) Agreement
B. Section 101(1)(e) Important matter between co-defendants
C. Section 101(1)(f) Correct a false impression
D. Section 101(1)(d) Important matter in issue between defendant and prosecution
A. Section 101(1)(a) Agreement
Explanation:
Since Sarah pleaded guilty, there is no trial of facts. Bad character is typically irrelevant. However, if all parties agree, her previous conviction can still be referred to under section 101(1)(a).
Which of the following would most likely be considered evidence of propensity under section 103 Criminal Justice Act 2003?
A. An accusation by a neighbour of bad behaviour without any supporting proof
B. A previous conviction for an offence of the same description as the one charged
C. Evidence that the defendant likes alcohol
D. A mere bad reputation in the community
A. A previous conviction for an offence of the same description as the one charged
Explanation:
Propensity can be shown through a previous conviction of the same description or category, under section 103(2).
Liam faces trial for fraud. He argues the police framed him and accuses officers of planting evidence. The prosecution wants to adduce his previous fraud conviction. Which gateway allows this?
A. Section 101(1)(a) Agreement
B. Section 101(1)(f) Correct a false impression
C. Section 101(1)(c) Important explanatory evidence
D. Section 101(1)(g) Attack on another’s character
D. Section 101(1)(g) Attack on another’s character
Explanation:
Liam’s allegation that police fabricated evidence amounts to an attack on their character, allowing the prosecution to introduce his bad character under section 101(1)(g).
