Character

Question 1

Character evidence starting point

Answer 1

The hearsay, opinion, tendency and credibility rules do not apply to evidence adduced by an accused to prove directly or by implication that the accused is either generally or in a particular respect a person of good character (110(1)). 

Question 2

Rebuttal

Answer 2

If general good character evidence has been in adduced by the accused, the hearsay, opinion, tendency and credibility rules do not apply to evidence adduced to prove directly or indirectly that the accused is not generally a person of good character (110(2)).

If evidence adduced by the accused to prove good character in a particular respect, the hearsay, opinion, tendency and credibility rules do not apply to evidence adduced to prove directly or indirectly that the accused is not of good character in that respect (110(3)). 

The accused should consider seeking an advance ruling under section 192A in relation to the risk of rebuttal evidence.

Question 3

Can A be XXN’d about character matters?

Answer 3

An accused must not be cross-examined by the prosecution or by a co-accused about matters arising out of character evidence without leave (112) (192).

Question 4

Evidence about character of A adduced by co-A

Answer 4

The hearsay and tendency rules do not apply to evidence of the character of an accused if it is an ex expert opinion adduced by a co-A (s 111(1)). 

If such evidence has been admitted, the hearsay, opinion and tendency rules do not apply to evidence adduced to prove that evidence should not be accepted (s 111(2)).

Again, leave is required to XXN A about matters arising out of this evidence (112).

Question 5

Possible directions about character evidence?

Answer 5

Defence may want to seek other misconduct direction under s 27 JDA.