Gateway (d): 3

Gateway (d): 3

1. R v Brima (2007): B was charged with murder by stabbing. Evidence was adduced of his previous convictions which including a stabbing and a robber involving a knife. It was held that the bad character evidence had the establish propensity on the part of D to commit this sort of offence.

2. "Propensity to be untruthful" is quite difficult, it is often a matter in issue between the prosecution and defence.

3. Hanson: propensity to be untruthful is NOT the same as propensity to be dishonest. Parliament chose the word "untruthful" to reflect D's account of his behaviour or lies told when committing the offence.

4. Therefore, previous convictions are only likely to show a propensity to be untruthful where truthfulness is an issue.

5. R v Campbell (2007): C was convicted of false imprisonment and ABH. Evidence was adduced of his violent conduct toward 2 previous partners.

6. Lord Phillips CJ: " The question of whether a D has a propensity for being untruthful will not normally be capable f being described as an important matter in issue between D and P. A propensity of untruthfulness will not, of itself, go very far to establishing the committal of a criminal offence,,, the only circumstance in which there is likely to be an important issue as to whether D has propensity to tell lies is where telling lies is an important element of the offence charged.