Gateway (e)

Gateway (e)

1. It has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant.

2. As with gateway d, this allows evidence of propensity and credibility but the evidence must be of "substantial probative value."

3. This gateway cannot be relied on by the prosecution, only by a co-D.

4. The most obvious example where the accused might wish to adduce evidence of bad character evidence of their co-D is in the case of a cut throat defence where each denies responsibility and blames the other.

5. R v Musone (2007): M was accused of murdering another inmate at prison. M sought to adduce evidence of an earlier murder committed by the co-D in order to suggest that the other was more likely to have committed the offence for which they were both charged. It was held that the evidence was admissible under this gateway and it should depend solely on the court's assessment of the quality of evidence.

6. R v Johnson (2007): J and a co-D were accused of importing cocaine. Each blame the other and as part of his defence, one adduced evidence of a single earlier drugs conviction of the co-D. This evidence was admissible, it has substantial probative value in relation to an important matter in issue between a D and a co-D.