Bad Character Evidence Flashcards
What is the generally rule of character evidence?
It is generally inadmissible
What cases states that previous convictions of a witness can be raised if they demonstrate earlier dishonesty?
Griffith v HMA
What offences are included in this?
Crimes of dishonesty: theft, fraud, robbery
What is the general rule of evidence?
That it should always be relevant
In which section of the CPA is leading evidence of accused previous convictions precluded?
Section 101
Which case states that evidence that carries implication of past convictions is inadmissible?
Carberry
When can crown lead with character evidence?
Where character of accused, witness, prosecutor or complainer is put at issue by the defence
What is this exception known as?
Tit for tat
If the accused is giving evidence when can the crown lead evidence of bad character?
When the accused seeks to establish his own good character or impuging the character of the complainer
What about cases with more than one accused?
Can lead evidence of bad character if accused has given evidence against his co-accused.
Which case states that bad character evidence will not be automatically admited if the exceptions are satisfied? What is the ultimate consideration?
McLeish - those of fairness and balance
Which case states that evidence can be lead if accused claims to have never committed a certain crime?
Wright
Which type of past convictions can be raised?
Only relevant ones not all of them
Under what subsection of the CPA do judges have and not have discretion?
Do have it under s.266(4)(b) not s.266(4)(c)
Which case was allowed to lead evidence of the accuseds bad character becuase he called the witness and prosecutors liars?
Sinclair v Mcdonald
