Character Evidence

Question 1

s 109

Answer 1

Application
This Part applies only in a criminal proceeding.

Question 2

s 110

Answer 2

Evidence about character of accused persons

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

(2) If evidence adduced to prove (directly or by implication) that a defendant is generally a person of good character has been admitted, the hearsay rule, the opinion rule, the tendency rule and the credibility rule do not apply to evidence adduced to prove (directly or by implication) that the defendant is not generally a person of good character.

(3) If evidence adduced to prove (directly or by implication) that a defendant is a person of good character in a particular respect has been admitted, the hearsay rule, the opinion rule, the tendency rule and the credibility rule do not apply to evidence adduced to prove (directly or by implication) that the defendant is not a person of good character in that respect.

Question 3

s 111

Answer 3

Evidence about character of co-accused

(1) The hearsay rule and the tendency rule do not apply to evidence of a defendant’s character if—

(a) the evidence is evidence of an opinion about the defendant adduced by another defendant, and

(b) the person whose opinion it is has specialised knowledge based on the person’s training, study or experience, and

(c) the opinion is wholly or substantially based on that knowledge.

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

E.g. A and B commit a crime. A calls a psychologist to show that B has a narcissistic personality disorder.

Question 4

s 112

Answer 4

Leave required to cross-examine about character of accused or co-accused

A defendant must not be cross-examined about matters arising out of evidence of a kind referred to in this Part unless the court gives leave.