Character Flashcards
What is absolute good character
No previous convictions or reprehensible behaviour
What is effective good character
Previous convictions are old or not relevant
What is positive good character
Can go further and adduce evidence of positive good character ie charity work evidence
What methods to adduce good character
Cross examination of police officer
Examination in chief of D
Section 10 formal admissions
Character witness
What are the limbs of vye
Credibility - give Whne D has given evidence, pre trial statements or answered questions in police interview
Propensity - get in all cases where of good character
Can a defendant with good character be tried alongside with defendant who does not have absolute good character
Yes and usually one with out direction will just get nothing
Severance is very rare here
What is the definition of bad character s112
Misconduct that points towards disposition of commission of offence or reprehensible behaviour
What does s98 say
Evidence of misconduct that
A) has to do with alleged facts of offence or
B) is committed in connection with the investigation or prosecution of that offence
Will not need to satisfy the gateways
What does section 107 do
Court can stop case where it is satisfied at any time after the close of the case for the prosecution that the bad character has been contaminated and it would make a conviction unsafe
What does section 110 say
Court must give reasons in open court for any ruling it makes on bad character
Proving convictions and section 73
Can use a certificate of conviction as proof that someone was convicted of an offence
Section 74 says
If perons proved to have committed offence then burden is on them to disprove it showing on balance of probabilities
Section 75 says
Makes various documents including the information, charge sheet and or indictment admissible as evidence of the facts on which a conviction was based
