Exclusionary Rules

Question 1

What is the difference between Exclusionary Rules and Exclusionary discretion

Answer 1

ER is where evidence is presumptively inadmissible such as hearsay

Exclusionary discretion is where evidence is presumptively admissible and one party wants it excluded.

Question 2

True or False: Character is a description of a person’s disposition for a genera trait - such as honesty, violence and peacefulness

Answer 2

True

Question 3

True or False: Evidence of habit is admissible

Answer 3

False - Evidence of habit is inadmissible BUt if it supports an inference - evidence of habit proceeds on the basis that repeated conduct in a given situation is a reliable predictor of conduct in a given situation.

Question 4

True or false: In civil cases character evidence is only admissible if it is relevant?

Answer 4

True

Question 5

True or False: Good character evidence is not relevant in civil cases UNLESS it speaks to material fact?

Answer 5

True - McArthur v Prudential Insurance

Question 6

You cannot cross examine a person who is NOT the accused on reputation evidence

Answer 6

True

Question 7

Is there an exception to the good character bar in civil trials?

Answer 7

Yes - except when character is a material fact

Question 8

What case highlighted that once a party makes an allegation against you and that allegation involved criminal activity, then you should be allowed to lead character evidence as if you have been charged criminally (McArthur Case)

Answer 8

Plester v Wawanesa

Question 9

True or false: GCE is always admissable by the accused?

Answer 9

True

Question 10

True or False pure reputation evidence is the only bases for GCE?

Answer 10

True

Question 11

T/F there is only only true exception to the bad character exception ER which is SFE

Answer 11

True

Question 12

When BCE comes if for ________ (not for propensity purposes), the rule is not triggered?

Answer 12

NON CHARACTER PUPRPOSE
This can happen in 3 ways:
1. The evidence is relevant to a material fact (such as motive)
2. Rebuttal Evidence (the accused has put his character in issue); and
3. Criminal Record - Corbett
The ACCUSED CAN BE CROSS EXAMINED ON THEIR CRIMINAL RECORD - S.12 OF THE CEA

Question 13

The Bad Character Exclusionary rule is: Evidence that an accused has committed an offence in the past cannot be used to conclude that he has a propensity for criminality and therefore committed the offence he is charged with. Where is this from?

Answer 13

R v Handy

The only exception to the rule is SFE - because it is not coming for general propensity reasoning but specific propensity reasoning

Question 14

What is the test for BCE from R v BL?

Answer 14

Will the jury draw a negative moral opinion of the accused..

Question 15

The rule of ____ is only triggered where the evidence is directed against the _____ - it does not apply where accused leads it against his co-accused, third party or witness.

Answer 15

BCE, Accused

Question 16

In what case was the accused acquitted for Racial Profiling, but wanted to introduce SFE for the Police officers conduct?

Answer 16

R v Khan

Question 17

If it is discreditable conduct does ER or ED apply?

Answer 17

ER

Question 18

If it is directed at a witness for ER apply?

Answer 18

No, only when it is directed at the accused.

Question 19

T/F if the accused puts his character in issue the Crown is allowed to lead BCE in an attempt to neutralize GCE

Answer 19

True

Question 20

Another situation where Crown is allowed to lead BCE to respond to something that the defence has done and most common situation is when defence says someone else committed it

Answer 20

This is called the Tit for Tat principle - R v Parsons, and reformed in R v Vanezis