Mapa mental
The defendants character
Contenido del mapa
The defendants character
R v Thompson
DPP might was to adduce it as will support prosecutions case
Risk: may infer guilt from previous behaviour
Usually not allowed to admit kind of evidence unless its probative value outweighs its prejudicial effect
- DPP v McNeill
England
- Makin v AG for New South Wales
- Difficult to apply in practice
- Boardman v DPP
- Probative value vs prejudicial effect
- Makin v AG for New South Wales
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
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
- Cross examination of accused on his previous conviction is permitted when
- s.1(e) and s.1(f) The Criminal Justice (Evidence) Act 1924
Información
- Descripción
- FE 1 (The Law of Evidence) LAW Mapa Mental sobre The defendants character, creado por Caoimhe Kelehan el 18/05/2022.
- Creado por
- Caoimhe Kelehan
- Visitas
- 0
- Valoración