Character evidence

Question 1

What is similar fact evidence?

Answer 1

Evidence that illustrates the character or misconduct of the accused on other occasions which is admissible on the basis that it is so highly probative of the facts in issue that its inclusion outweighs any possible injustice.
- “There must be come connexion or ‘nexus’… which the court considers is sufficiently intimate between the two incidents”. (Lord Murray in HMA v Joseph 1929 JC 55).

Question 2

What is the risk to the accused cross-examining the character of the Crown witnesses?

Answer 2

Then the Crown may make application to the court to lead evidence of the accused’s bad character i.e. previous convictions.
(s270 of the CPSA95).

This cannot be done without the accused attacking a Crown witness! (s101(1) & 166(3) of the ‘95 Act).

If this is breach, it does not necessarily lead to prosecution being deserted/miscarriage of justice (HMA v Corcoran 1975 JC 40)

Question 3

What is the law on the admissibility of evidence relating to the sexual history of complainers in sexual offences trials?

Answer 3

This is generally inadmissible.
(ss274/275 of the CPSA95).

Question 4

What is the risk if the accused leads evidence of their own good character?

Answer 4

The Crown may lead evidence disputing this by revealing previous convictions (s270 of the ‘95 Act).

This is also the case if the accused attacks the character of a co-accused (s266(4)(c) of the ‘95 Act, or Gallagher v HMA [2010] HCJAC 130.