Character Evidence

Question 1

What is the use of character evidence?

Answer 1

Can be evidence of propensity or credibility

Question 2

What is the problem of adducing evidence of past offences

Answer 2

Gunney/ Malkin: forbidden reasoning - moral/reasoning prejudice - danger of assumption

Question 3

Rowton

Answer 3

Defendant good character can be adduced regarding his character as a whole - general reputation

Question 4

Redgrave

Answer 4

Cannot adduce evidence of specific incidents of good character

Question 5

Good character Direction

Answer 5

Vye test: 2 limbs
Credibility if gave evidence (Berrada),
Propensity

Question 6

Blemished character?

Answer 6

Where the defendant has no previous convictions, or very old ones, and so character as a whole is not completely clean - judge can tailor direction: Aziz

Question 7

Shaw v The Queen

Answer 7

No previous convictions, but possession of a large quantity of cocaine - did not give good direction

Question 8

Doncaster

Answer 8

1 Trading Standards offence (conviction) - judicial discretion as to whether it is appropriate to treat the blemished defendant as being of good character

Question 9

Durbin

Answer 9

Courts fairly liberal when it comes to discretion regarding good character

Question 10

Gray

Answer 10

Guidelines as to judicial discretion regarding good character direction
If of previous good character - must be given a good character direction
If there are past convictions, but due to their nature/age, the judge has discretion (if irrelevant to current case, discretion ought to be exercised in favour of the defendant)

Question 11

Bad character evidence - s.98 CJA 2003

Answer 11

Evidence of/of a disposition towards misconduct on a defendant’s part

Question 12

‘misconduct’

Answer 12

guidance in s.112: commission of an offence/other reprehensible behaviour

Question 13

‘reprehensible behaviour’

Answer 13

basic test is whether a reasonable man would disapprove of the conduct in question - Bishop

Question 14

R v Weir and Others

Answer 14

sexual relationship between a 34 year old and a 16 year old = not reprehensible behaviour

Question 15

Saleem

Answer 15

possession of a large amount of downloaded photos of victims of assault was reprehensible

Question 16

Osbourne

Answer 16

Verbal abuse towards former partner was not reprehensible behaviour, as it was motivated out of concern for the welfare of their child

Question 17

Rassi

Answer 17

Reprehensible behaviour - 86 year old loitering outside urinals, and following young boys in

Question 18

Lewis

Answer 18

Evidence of a ‘disposition towards’: collection of pornographic literature of a paedophilic nature

Question 19

Where are the 7 gateways for adducing bad character evidence found?

Answer 19

s.101 CJA 2003

Question 20

What are the uses for bad character evidence adduced under the gateways

Answer 20

In the right circumstances - go to both propensity and credibility

Question 21

R v Highton and Others

Answer 21

The use to which bad character could be put, depends on the matters to which it was relevant, after being adduced, rather than being dependent upon the gateway

Question 22

R v Edwards

Answer 22

Although the gateway chosen can influence the use

Question 23

Campbell

Answer 23

Once evidence is adduced, it can be used for any matter to which it is relevant

Question 24

s.101(1)(a)

Answer 24

Agreement of the parties

Question 25

s.101(1)(b)

Answer 25

defendant adduces the evidence himself

Question 26

s.101(1)(c)

Answer 26

important explanatory evidence - guidance given in s.102: if without it, the jury would find it impossible/difficult to properly understand other evidence, and its value for understanding is substantial.
Could be taken too far? Dolan. replaces the common law: Fulcher

Question 27

s.101(1)(d)

Answer 27

Relevant to an important matter in issue between the parties
(replaces the idea of similar fact evidence: Makin/DPP v P) - guidance in s.103(1)(a) and includes the question of whether a defendant has the propensity to commit offences of the kind with which he is charged