Character, propensity and prejudice

Question 1

probity v prejudice

Answer 1

test - probity of evidence on one hand and its prejudicial effect on the other.

to guard against forbidden reasoning unless it’s relevant to the case DPP v Boardman

Question 2

evidence of good character in respect of the accused

Answer 2

permitted to lead evidence of own good character. General reputation in the community R v Rowton

Question 3

what is required when proof of propensity is adduced

Answer 3

• balance relevance against prejudice.

Question 4

2 forms of relationship evidence illustrating a propensity

Answer 4

1. domestic violence relationships s 132B
2. other sexual acts on that child to establish a relationship at time of the offence HML v R (degree of proof is beyond a reasonable doubt) (uncharged act evidence)

Question 5

2 ways to rebut evidence of good character

Answer 5

call another witness to give evidence in chief

cross examine the accused

Question 6

In criminal cases, when can evidence of an accused’s previous misdeeds or propensity be admitted. (authority on propensity evidence)

Answer 6

the evidence is excluded unless there is no rational view of it consistent with the innocence of the accused in the context of the prosecution case Pfennig v R (serves as the final nail in the accused’s coffin)

Question 7

3 meanings of character

Answer 7

1. reputation in community
2. proven track record
3. credibility as a witness of truth

Question 8

4 contexts character evidence is significant

Answer 8

1. respect to a witness
2. respect to the accused
3. respect to previous misdeeds
4. respect to a sexual assault victim s 4 Criminal Law Sexual Offences Act (rape shield) - evidence of sexual history not permitted unless leave sought in relevant situations

Question 9

what is the presumption of continuance? (Civil)

Answer 9

what a person has done regularly in the past, may be assumed, in the absence of evidence to the contrary, what they were doing at the time. R v Salami

Question 10

Presumption of innocence

Answer 10

the prosecution is obliged to prove the case against the accused beyond reasonable doubt, and unless and until this is done the accused is taken to be innocent, not merely not guilty (Ewen v R).

Question 11

Presumption of sanity

Answer 11

A conclusion that must be drawn until the contrary is proved (McNaughten’s case).