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Crime 15 - Character evidence > Crime Syllabus 15 > Flashcards

Crime Syllabus 15 Flashcards

1
Q

CJA 2003

Bad character - WHAT

A 
s. 98
Evidence of misconduct
Disposition towards misconduct
Reputation of misconduct
NOT Offence charged
NOT Misconduct = Investigation; Prosecution
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2
Q

Bad character

Misconduct - WHAT

A

Offence

Reprehensible behaviour

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3
Q

Bad Character

Offence - TYPES

A 
Cross admissibility (Multiple counts)
Relevant allegation
Cautions
Prosecution + Acquitted
Convictions = Circumstances; Certificate; Witness (Confirm)
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4
Q

CJA 2003

(D) Admissibility

A

s. 101

Evidence of bad character

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5
Q

Admissibility gateways

Defendant

A

s. 101 (1)
(a) Agree
(b) (D) Evidence
(c) Important explanatory evidence
(d) Important matter in issue
(e) (Co-D) matter OR ‘Cut-throat defence’
(f) (D) False impression
(g) (D) Attacked other character

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6
Q

Exclusion gateways

Defendant

A

s. 101 (3)
(d) Important matter in issue
(g) (D) Attacked other character

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7
Q

Exclusion application

TEST

A

Evidence adverse effect,
on the fairness of proceedings,
that it ought NOT be admitted

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8
Q

Admissibility gateways

101 (1) (b) - Tactical

A 
Explain defence
Explain NO Good direction
Attack other character = (P) Exposure
Remove other offences
Seek Favour
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9
Q

Admissibility gateways

101 (1) (c) - Required

A

Substantial value
Necessary to establish offence
Impossible to understand evidence
Unless = Other evidence available

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10
Q

Admissibility gateways

101 (1) (c) - Evidence

A

Statement of facts

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11
Q

Admissibility gateways

101 (1) (d) - Matter WHAT

A

Matter = Propensity

  1. Offend / (D) Capability OR Guilt
  2. Untruthful / (D) Credibility
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12
Q

Admissibility gateways

101 (1) (d) - Required

A 
Substantial importance (NOT trivial)
Relevant = Context of case
CL = Balance (Probative value; Prejudicial effect)
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13
Q

Admissibility gateways

101 (1) (d) - NOT Trivial

A

More than marginal

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14
Q

Propensity

Offence - CASE

A

R v Hanson

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15
Q

Propensity

Offence - TEST

A

History establish propensity
More likely offence
NOT Unjust OR Unfair

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16
Q

Propensity

Offence - Factors

A

(D) Identified
Category = Similarities OR Dissimilarities
Number
Time

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17
Q

Propensity

Untruthful - TEST

A

Dishonesty is an element

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18
Q

Propensity

Untruthful - TYPES

A

Fraud
Perjury
Disbelieved testimony

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19
Q

Convictions

Defendant - Required

A

Certificate of conviction / acquittal = Offence; Sentence; Signed
Foreign = UK Offence (time); Standards of fairness

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20
Q

Convictions

NON Defendant - Required

A

Important matter in issue
Substantial importance (NOT trivial)
Relevant = Context of case
Discretion of court

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21
Q

Admissibility gateways

101 (1) (d) - Evidence

A 
Cross admissibility (Multiple counts)
Relevant allegation
Cautions
Prosecution + Acquitted
Convictions = Circumstances; Certificate; Witness (Confirm)
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22
Q

Admissibility gateways

101 (1) (e) - WHAT

A

(D) Undermine = (CO-D) Defence OR Witness

(aka) ‘Cut-throat defence’

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23
Q

Admissibility gateways

101 (1) (e) - Required

A 
Important matter in issue
Substantial importance (NOT trivial)
Relevant = Context of case
CL = Balance (Probative value; Prejudicial effect)
24
Q

Admissibility gateways

101 (1) (e) - Evidence

A

Prove OR Disprove = Fact; Propensity (Capability OR Credibility)

25
Q

Admissibility gateways

101 (1) (f) - WHAT

A

False OR Misleading impression

NOT withdrawn

26
Q

Admissibility gateways

101 (1) (f) - WHEN

A

Assertion by Defendant OR (D) Witness
Police caution + questioning
Evidence ‘in proceedings’

27
Q

Admissibility gateways

101 (1) (f) - Evidence

A 
ONLY Necessary (no more)
Rebut impression
28
Q

Admissibility gateways

101 (1) (g) - WHAT

A

Misconduct
Offence
Reprehensible behaviour

29
Q

Admissibility gateways

101 (1) (g) - WHEN

A

Assertion by (D) OR Counsel
Police caution + questioning
Evidence ‘in proceedings’

30
Q

Admissibility gateways

101 (1) (g) - Evidence

A 
ONLY Necessary (no more)
Rebut attack
31
Q

Bad Character

Exceptions

A

Unjust OR Unfair to allow
CL = Balance (Probative value; Prejudicial effect)
Court discretion

32
Q

Contamination

Court power

A

Stop case = Acquit; Discharge + Retrial

33
Q

CJA 2003

NON (D) Admissibility

A

s. 100

Evidence of bad character

34
Q

Admissibility gateways

NON Defendant

A

s. 100 (1)
(a) Important explanatory evidence
(b) Substantial probative value
(c) Agree

35
Q

Admissibility gateways

100 (1) (a) - Required

A

Substantial value
Necessary to establish offence
Impossible to understand evidence
Unless = Other evidence available

36
Q

Admissibility gateways

100 (1) (b) - Required

A 
Important matter in issue
Substantial importance (NOT trivial)
Relevant = Context of case
CL = Balance (Probative value; Prejudicial effect)
37
Q

Admissibility gateways

100 (1) (b) - Evidence

A

Prove OR Disprove = Fact; Propensity (Capability OR Credibility)

38
Q

Applications

Adduce - Required

A

Application
WHAT = Misconduct evidence
WHY = Admissible (Facts; Reasons)
WHO = Serve notice (Court officer; Other parties)

39
Q

Applications

Adduce - Time

A 
(Non-D) = 14 days after disclosure
(D) = (MC) 28 days after (D) pleads NOT guilty
(D) = (CC) 14 days after (D) pleads NOT guilty
40
Q

Applications

Oppose - Required

A

Application
WHAT = Misconduct evidence
WHY NOT Admissible (Facts disputed; Reasons; Unjust AND Unfair)
WHO = Serve notice = Court officer; Other parties

41
Q

Applications

Oppose - Time

A

Within 14 days = Notice to adduce misconduct

42
Q

Applications

Vary application

A

Court powers = Time limit; Adjournment

Considerations = Reason; Interest of justice
MUST = Give reasons

43
Q

Direction

Bad character - WHEN

A

ANY Case

Bad character evidence

44
Q

Direction

Bad character - Summary

A

Danger undue reliance (BC)
NOT Prejudice = Bolster weak case
NOT Infer guilt = From propensity

45
Q

Direction

Good character - CASE

A

R v Vye

46
Q

Direction

Vye direction - LIMBS

A

Two Limbs = Propensity

  1. Offend / (D) Capability OR Guilt
  2. Untruthful / (D) Credibility
47
Q

Direction

Vye direction - TYPES

A

(D) Testify = Capability AND Credibility

(D) NOT Testify = Capability ONLY

48
Q

Direction

Vye direction - Purpose

A 
Jury account (D) past
Good behaviour = Less likely to offend
Honesty = Less likely to lie
49
Q

Good character

Considerations

A

(D) Application
(D) Case = Crucial aspect
Strength of evidence
Just AND Fairness

50
Q

Good character

Direction - TYPES

A

Absolute
Modified
Effective

51
Q

Good character

Absolute - WHAT

A

NO Conviction / Caution

52
Q

Good character

Modified - WHAT

A

NO Conviction / Caution

Bad character evidence

53
Q

Good character

Modified - WHEN

A

Judge discretion
NOT Beyond reasonable doubt
NOT Absurd to give

54
Q

Good character

Effective - WHAT

A

Previous Conviction / Caution

55
Q

Good character

Effective - Factors

A

Circumstances
Relevant = Category; Number; Time
Fairness (ALL Parties)

56
Q

Good character

Effective - WHEN

A

Judge discretion
NOT Beyond reasonable doubt
NOT Absurd to give

57
Q

Good character

Failure

A

NOT Grounds for appeal

ONLY Facts of case

Crime 15 - Character evidence (1 decks)

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