Part 3.8 Character

Question 1

109 Application

Answer 1

This Part applies only in a criminal proceeding.

Question 2

110 Evidence about character of an accused

Answer 2

● (1) He/Op/Te/Cre rules don’t apply to evidence adduced by an acc. to prove (directly/by implication) they’ve good character either generally /in particular respect
● (2) Then P can rebut generally (above rules also don’t apply) but
(3) only to limited extent if that’s the way accused puts it (e.g. no sex priors, even though have priors for dishonesty, drug offences, etc.)

Might involve cross-examination of police – not known to police, not investigated, not charged, convicted. Accused can give evidence (I’, other civilian witnesses can give evidence. If charges pending – shouldn’t be referred to.

Question 3

111 Evidence about character of co-accused

Answer 3

(1) The hearsay rule and the tendency rule do not apply to evidence of the character of an accused if:
○ (a) The evidence is opinion about the accused adduced by another accused; and
○ (b) The person is an expert (and (c) opinion wholly or substantially based on their knowledge)
(2) If such evidence has been admitted, the hearsay, opinion and tendency rules do not apply to evidence adduced to prove that the evidence should not be accepted.

Question 4

112 Leave required to cross-examine about character of accused or co-accused

Answer 4

An accused must not be cross-examined about matters arising out of evidence of a kind referred to in this Part unless the court gives leave.

In other words, if form of rebuttal is to cross-examine the accused, leave must be sought. But if rebuttal will happen another way, leave is not required.