Character Evidence. Flashcards
What is needed for good character?
Absolute good character or effective good character.
What is absolute good character?
No pre-cons, cautions or other reprehensible behaviour.
What is effective good character?
Old, minor or irrelevant pre-cons…
What is the judges’ direction on good character? What is the direction called?
Credibility and guilt. The Vye direction.
What is bad character (and section)?
S.98 CJA: evidence of, or of a disposition towards, misconduct.
What does S.112 say misconduct is?
Evidence of commission of an offence or other reprehensible behaviour.
What are needed for bad character to be admitted (and section) (and case)?
S.101 Gateways. R v Hanson.
What is S.101(1)(a)?
By agreement - all parties agree.
What is S.101(1)(b)?
Adduced by D/given in answer to question during cross-examination.
What is S.101(1)(c)?
Important explanatory evidence - without it, court would find difficult to understand case and valuable for understanding case as a whole.
What is S.101(1)(e)?
Evidence with a substantial probative value relating to issue between D1 and D2.
What is S.101(1)(f)?
Correct a false impression given by D or one of his witnesses.
What is S.101(1)(g)?
D attacks another person’s character.
What is S.101(1)(d)?
Relevant to important matter in issue between defence and prosecution.
What does propensity show in ‘d’ (and sections)?
S.103(1)(a): to commit like offences.
S103(1)(b): to be untruthful.
What are the 4 situations ‘d’ can be used?
- Pre-cons of same description as current.
- Pre-cons of same category.
- Other pre-cons.
- Pre-cons showing tendency to lie.
What section prevents admissibility through ‘d’ and ‘g’?
S.103(3).
On what basis can ‘d’ and ‘g’ e prevented?
If admitted it would have an adverse effect on the fairness of the proceedings.
What re the jury directions for bad character evidence?
- Not to convict solely on pre-cons.
- Propensity should be assessed alongside other evidence.
- Bad character evidence should not be used to bolster a weak case.
