Character Evidence Flashcards
What is the use of character evidence?
Can be evidence of propensity or credibility
What is the problem of adducing evidence of past offences
Gunney/ Malkin: forbidden reasoning - moral/reasoning prejudice - danger of assumption
Rowton
Defendant good character can be adduced regarding his character as a whole - general reputation
Redgrave
Cannot adduce evidence of specific incidents of good character
Good character Direction
Vye test: 2 limbs
Credibility if gave evidence (Berrada),
Propensity
Blemished character?
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
Shaw v The Queen
No previous convictions, but possession of a large quantity of cocaine - did not give good direction
Doncaster
1 Trading Standards offence (conviction) - judicial discretion as to whether it is appropriate to treat the blemished defendant as being of good character
Durbin
Courts fairly liberal when it comes to discretion regarding good character
Gray
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)
Bad character evidence - s.98 CJA 2003
Evidence of/of a disposition towards misconduct on a defendant’s part
‘misconduct’
guidance in s.112: commission of an offence/other reprehensible behaviour
‘reprehensible behaviour’
basic test is whether a reasonable man would disapprove of the conduct in question - Bishop
R v Weir and Others
sexual relationship between a 34 year old and a 16 year old = not reprehensible behaviour
Saleem
possession of a large amount of downloaded photos of victims of assault was reprehensible
Osbourne
Verbal abuse towards former partner was not reprehensible behaviour, as it was motivated out of concern for the welfare of their child
Rassi
Reprehensible behaviour - 86 year old loitering outside urinals, and following young boys in
Lewis
Evidence of a ‘disposition towards’: collection of pornographic literature of a paedophilic nature
Where are the 7 gateways for adducing bad character evidence found?
s.101 CJA 2003
What are the uses for bad character evidence adduced under the gateways
In the right circumstances - go to both propensity and credibility
R v Highton and Others
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
R v Edwards
Although the gateway chosen can influence the use
Campbell
Once evidence is adduced, it can be used for any matter to which it is relevant
s.101(1)(a)
Agreement of the parties
s.101(1)(b)
defendant adduces the evidence himself
s.101(1)(c)
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
s.101(1)(d)
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
