Character evidence

Question 1

Character evidence applies in … proceedings

Answer 1

Criminal - s109

Question 2

What is the character rule?

Answer 2

Evidence adduced by A to prove (directly or by implication) that he/she is, a person of good character is not subject to the hearsay rule, the opinion rule, the tendency rule or the credibility rule (s 110(1)).

Question 3

What does good character evidence involve?

Answer 3

Good character evidence includes:
 Evidence of the accused’s general good reputation; and
 Evidence of the accused’s favourable disposition (Eastman v R (1997)).

Question 4

Who can rebut good character evidence?

Answer 4

Prosecution

Question 5

How can character evidence be relevant?

Answer 5

Evidence that A is of good character may be relevant for two purposes:
* It may make it more likely that the accused’s evidence is credible; and
* It may make it less likely that the accused committed the offence

Question 6

What impacts the PV of character evidence?

Answer 6

The probative value of good character evidence may also be affected by:
 The nature of the offence charged;
 The relationship between the type of character established and the type of offence charged; and
 The strength of the other evidence supporting the charge.

Question 7

When would the court give leave to P to XXN A re their character?

Answer 7

• The court may only give the Crown leave to cross-examine (s112) the accused about his or her evidence of good character if the accused intentionally and deliberately adduced evidence of his or her character (Gabriel v R).

Question 8

When will ‘bad’ character evidence be admissible?

Answer 8

1 If evidence has been adduced to prove an A’s good character, a co-accused or the P may respond by leading evidence to prove that A is not a person of good character (ss 110(2)-(3)).
2 A may adduce expert opinion evidence about the character of a co-accused where the opinion is wholly or substantially based on that knowledge (s 111(1)); and
3 Evidence that reveals the A’s bad character may also be admissible under a provision of Part 3.7 concerned with credibility evidence. – s103(4) – if A has led evidence that pros W has a tendency to be untruthful and that is relevant solely for W’s credibility