Bad Character - Introduction Flashcards
1
Q
What is bad character definition?
A
Evidence of misconduct on his part
2
Q
What is misconduct for the purposes for bad character?
A
The commission of an offence or other reprehensible behaviour
3
Q
Is having an affair evidence of reprehensible behaviour?
A
No
4
Q
What are some sources of bad character evidence?
A
- Previous convictions in the UK
- Previous foreign convictions which are crimes here
- Cautions
- Acquittals
- Agreed facts that amount to reprehensible behaviour
- Witness evidence of reputation for reprehensible behaviour
5
Q
Give an example of acquittals as bad character evidence?
A
- Man had 4 rape charges
- Used same defence in 3 of them which were acquitted
- Other victims allowed to give evidence in Court for justice
6
Q
Which conduct is statutory excluded from s98 on Bad Character?
A
a) Has to do with alleged facts of offence which D was charged; or
b) Is committed in connection with investigation or prosecution of that offence
7
Q
Why are the statutory exclusions of Bad Character?
A
Because these are just main parts of the case, so do not fall within the definition
