Bad character evidence Flashcards

1
Q

What are 4 safeguards/defences for BC evidence?

A
  1. cannot be used to bolster an already weak case
  2. s78 (gateway D and G only)
  3. time since previous convictions
  4. contaminated evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 7 gateways to admit defendant BC evidence?

A

Agreement (no permission)
Blurts out (no permission)
Context
Done it before
E done it
False impression
Gets at the witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the test to admit evidence through gateway C (context)?

A

Important explanatory evidence:

i. without it the court/jury would find it difficult to understand other evidence; and
ii. substantial value to the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the test to admit evidence through gateway D (done it before)?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the test to admit evidence through gateway G (gets at witness)?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What gateways are available to admit non-defendant BC evidence?

A

Agreement (permission needed)
Context
Done it before (D can use to show that someone else committed the offence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly