Evidence of Character

Question 1

Sections

Answer 1

section 52
section 53
section 54
section 55

rationale - even if a party did or did not commit an act by reason of his character is irrelevant unless it is a fact in ssue

Question 2

section 52

Answer 2

in civil cases the fact that the character of any perosn to prove conduct imputed, irrelevant

Question 3

section 53

Answer 3

in criminal cases the fact that the person accussed is of good character is relevant

Question 4

section 54

Answer 4

in criminal cases the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character

3 exceptions

does not apply to cases where bad character of any person is itself a fact in issue
e.g. where the crime is loitering by reputed thief, receiving stolen property etc
a previous conviction is relevant as evidence if bad character in such case
e.g. if this can throw some light to the motive or state of mind of the accused
4. samson v ip maradana
however, mere fact the person has been charged before is no prrof and pending case is no proof

Question 5

section 55

Answer 5

in civil cases, the fact that any person is such as to affect the amount of damages which he ought to receive is relevant.

in the above sections character includes both reputation and disposition and general reputaion and disposition not particular acts by which reputation or disposition were shown.

Question 6

1. disposition - “contemplates the inclination to behave in a particular manner”
2. reputation - “refers to opinion held of a particular person by others”

Answer 6

deportment - behaviour in the society
what is engrossed by the society
not what someone told about the accused, have to be general disposition
opinion held of a particular person by others
reputation - general belief or opinion of other person’s on you

Question 7

why is bad character irrelevant

Answer 7

1. likelihood of predujice - distract the jury from the true issue - samson v ip maradana
   “this is the primary ground of exlusion of evidence of this kind”
   kotalawela - accused was a quarrelsome man who lost his temper over trivial matters
2. fair trial

Question 8

duties of a trial judge when evidence of bad character are led
if the bad character evidence improperly received what can be done

Answer 8

kotelawala case - even if the accused’s counsel does not object
piloris fernando - if the accused is undefended it is the duty of the trial judge to infrom the accused that he has a right ti apply for a fresh trial
Pauline de Croos - strong direction from the trial judge is necessary
sugathadasa - 5 guilty of murder, newspaper published a report on explosives , jury man reading the newspaper might think the article is about the accused
introduced a general crtireion that could be used, if the evidence of bad character had the effect of inducing the jury to believe that the accused on account of his bad character was more likely than otherwise to have committed the offence with wichnhe is charged

Question 9

how to put forward good character and why put forward good character

Question 10

character of a victim

Question 11

cases

Answer 11

1. kothalawela v ag - asked by mischance not relevant , reply made by a witness i reply to a question put by the Cousel for the defence. asked by mischance
   IT MATTERS NOT WHO IS RESPONSIBLE FOR THE INTRODUCTION
2. HA Fernando - murderer, witness for th e prosecution said in the cross-examination that accused is a murderer, the witnsess told this accidently
3. perera -
   jury trial
   if allowed the jury can be distracted from the main issue, whether the accused killed the victim,
   judge trial
   can a conviction can be upheld notwithstanding the improper reception of bad character
4. no jury been present
5. there are other evidence on which the conviction could be upheld
6. no ground to believe that the judge was influenced from such evidence

Question 12

4. Gunatileke -

Answer 12

headmaster gave evidence for good character - advised not to give slightest consideration, this was held as a grave misdiection to the jury and held that cannot properly be declared to be totally irrelevant.

Question 13

5. somapala

Answer 13

-accused himself gave evidence of good character regarding himself,
several modes,
possession of a good character by an accused is primarily a matter which goes to credibility,
a person of good character is less likely to commit a crime than a man of bad character