Crime Syllabus 15 Flashcards by Jack Brainscape

CJA 2003

Bad character - WHAT

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

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Bad character

Misconduct - WHAT

Offence

Reprehensible behaviour

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Bad Character

Offence - TYPES

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

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CJA 2003

(D) Admissibility

s. 101

Evidence of bad character

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Admissibility gateways

Defendant

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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Exclusion gateways

Defendant

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

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Exclusion application

TEST

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

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Admissibility gateways

101 (1) (b) - Tactical

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

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Admissibility gateways

101 (1) (c) - Required

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

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Admissibility gateways

101 (1) (c) - Evidence

Statement of facts

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Admissibility gateways

101 (1) (d) - Matter WHAT

Matter = Propensity

Offend / (D) Capability OR Guilt
Untruthful / (D) Credibility

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Admissibility gateways

101 (1) (d) - Required

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

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Admissibility gateways

101 (1) (d) - NOT Trivial

More than marginal

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Propensity

Offence - CASE

R v Hanson

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Propensity

Offence - TEST

History establish propensity
More likely offence
NOT Unjust OR Unfair

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Propensity

Offence - Factors

(D) Identified
Category = Similarities OR Dissimilarities
Number
Time

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Propensity

Untruthful - TEST

Dishonesty is an element

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Propensity

Untruthful - TYPES

Fraud
Perjury
Disbelieved testimony

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Convictions

Defendant - Required

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

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Convictions

NON Defendant - Required

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

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Admissibility gateways

101 (1) (d) - Evidence

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

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Admissibility gateways

101 (1) (e) - WHAT

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

(aka) ‘Cut-throat defence’

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Admissibility gateways

101 (1) (e) - Required

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

Admissibility gateways

101 (1) (e) - Evidence

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

Admissibility gateways | 101 (1) (f) - WHAT

False OR Misleading impression | NOT withdrawn

Admissibility gateways | 101 (1) (f) - WHEN

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

Admissibility gateways | 101 (1) (f) - Evidence

``` ONLY Necessary (no more) Rebut impression ```

Admissibility gateways | 101 (1) (g) - WHAT

Misconduct Offence Reprehensible behaviour

Admissibility gateways | 101 (1) (g) - WHEN

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

Admissibility gateways | 101 (1) (g) - Evidence

``` ONLY Necessary (no more) Rebut attack ```

Bad Character | Exceptions

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

Contamination | Court power

Stop case = Acquit; Discharge + Retrial

CJA 2003 | NON (D) Admissibility

s. 100 | Evidence of bad character

Admissibility gateways | NON Defendant

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

Admissibility gateways | 100 (1) (a) - Required

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

Admissibility gateways | 100 (1) (b) - Required

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

Admissibility gateways | 100 (1) (b) - Evidence

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

Applications | Adduce - Required

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

Applications | Adduce - Time

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

Applications | Oppose - Required

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

Applications | Oppose - Time

Within 14 days = Notice to adduce misconduct

Applications | Vary application

Court powers = Time limit; Adjournment | Considerations = Reason; Interest of justice MUST = Give reasons

Direction | Bad character - WHEN

ANY Case | Bad character evidence

Direction | Bad character - Summary

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

Direction | Good character - CASE

R v Vye

Direction | Vye direction - LIMBS

Two Limbs = Propensity 1. Offend / (D) Capability OR Guilt 2. Untruthful / (D) Credibility

Direction | Vye direction - TYPES

(D) Testify = Capability AND Credibility | (D) NOT Testify = Capability ONLY

Direction | Vye direction - Purpose

``` Jury account (D) past Good behaviour = Less likely to offend Honesty = Less likely to lie ```

Good character | Considerations

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

Good character | Direction - TYPES

Absolute Modified Effective

Good character | Absolute - WHAT

NO Conviction / Caution

Good character | Modified - WHAT

NO Conviction / Caution | Bad character evidence

Good character | Modified - WHEN

Judge discretion NOT Beyond reasonable doubt NOT Absurd to give

Good character | Effective - WHAT

Previous Conviction / Caution

Good character | Effective - Factors

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

Good character | Effective - WHEN

Judge discretion NOT Beyond reasonable doubt NOT Absurd to give

Good character | Failure

NOT Grounds for appeal | ONLY Facts of case