The defendants character

The defendants character

1. R v Thompson

2. DPP might was to adduce it as will support prosecutions case

3. Risk: may infer guilt from previous behaviour

4. Usually not allowed to admit kind of evidence unless its probative value outweighs its prejudicial effect

   • DPP v McNeill

5. England

   • Makin v AG for New South Wales
     • Difficult to apply in practice
   • Boardman v DPP
     • Probative value vs prejudicial effect

6. Ireland

   • Admission of such evidence potential threat to fair trial under Art 38.1 of Constitution and Article 6 of ECHR
   • Makin endorsed in People (AG) v Kirwan
   • People (DPP) v BK

7. Cross examination of the accused

   • s.1(e) and s.1(f) The Criminal Justice (Evidence) Act 1924
     • Cross examination of accused on his previous conviction is permitted when
       • Where misconduct evidence is admissible under common law rules
       • Accused has put his/her character in issue
       • Accused has cast imputations on character of prosecution witness
       • Accused has given evidence against co-accused