Bad character evidence Flashcards
What are 4 safeguards/defences for BC evidence?
- cannot be used to bolster an already weak case
- s78 (gateway D and G only)
- time since previous convictions
- contaminated evidence
What are the 7 gateways to admit defendant BC evidence?
Agreement (no permission)
Blurts out (no permission)
Context
Done it before
E done it
False impression
Gets at the witness
What is the test to admit evidence through gateway C (context)?
Important explanatory evidence:
i. without it the court/jury would find it difficult to understand other evidence; and
ii. substantial value to the case
What is the test to admit evidence through gateway D (done it before)?
Important matter in issue between D and P:
i. substantial importance
ii. matters in issue include propensity to:
a. commit offences of the same kind
b. be untruthful
What is the test to admit evidence through gateway G (gets at witness)?
D makes an attack on another person (living or dead) character to the effect that the other person has:
i. committed an offence; or
ii. behaved or is inclined to behave in a reprehensible way; and
iii. accusations about the other person to that effect
What gateways are available to admit non-defendant BC evidence?
Agreement (permission needed)
Context
Done it before (D can use to show that someone else committed the offence)