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Mapa mental

BAD CHARACTER EVIDENCE

Hannah Mustaffa Law Year 1 Inglés

Contenido del mapa

BAD CHARACTER EVIDENCE

  1. CHARA EVIDENCE PRE CJA 2003

    • context of chara evidence whether:
      • directly in issue
      • relates to credit of relevant individual
      • dealing with good or bad chara
    • MEANINGS OF CHARACTER
      • reputation
        • general opinion of society concerning the (W)
      • disposition
        • specific incidents/separate acts of the (W)
      • both reputation and disposition
    • COMMON LAW
      • character restricted to reputation of (W)
      • Rowton rule R v Rowton 1865
  2. GOOD CHARACTER

    • BEFORE CRIMINAL EVIDENCE ACT 1898
      • (D) call in (W) to bring in GC evidence
      • restricted to reputation (Rowton rules)
    • AFTER CRIMINAL EVIDENCE ACT 1898
      • (D) can bring in (W) to testify his good reputation
      • (D) can also testify on his own behalf
    • DIRECTIONS TO GOOD CHARACTER
      • Vye directions R v Vye 1993
        • Limb 1
          • credibility direction
        • Limb 2
          • propensity direction
      • Judge's discretion whether to issue warning to Jury
  3. DISPOSITION EVIDENCE

    • evidence of propensity of (D) to commit crimes of similar nature
      • husband & wife adopted baby and baby died. (P) allowed to adduce evidence that 12 other babies buried in their houses Makin v AG for New South Wales 1894
    • Criminal Evidence Act 1898 Accused becomes competent (W)
      • s.1(2) CEA privilege of refusing to answer questions withdrawn
      • Accused granted a provisional shield; prohibition on questioning to show that accused convicted with offence unrelated to charge
  4. REFORM

    • abolition of common law rules and Criminal Evidence Act 1898
      • haphazard mixture of statute and common law rules
      • inconsistent and unpredictable results
    • CRIMINAL JUSTICE ACT 2003
      • s.99(1) abolished common law rules of character evidence
      • s. 118(1) Rowton Rules retained
      • radical change in admissibility of bad character evidence; old law now a historic edifice of rules
  5. DEFINITION OF BAD CHARACTER

    • CJA 2003
      • defined in s.98
      • reverses general rule in common law and CEA 1898
      • s.101 if criteria satisfied then BC admissible
    • MISCONDUCT
      • s.112(1) CJA 2003
      • commission of other offences not currently before the court
      • reprehensible behaviour not defined by the act and kept vague
        • reprehensible behaviour based on extent to which activity may be frowned upon by significant section of society
      • misconduct and reprehensible behaviour required to be judged objectively
        • convictions
        • other immoral conduct
        • judge should not have allowed x-examination of legal possession of antique firearm. Could not be treated as evidence of misconduct R v Edwards 2o06
        • (D) convicted of GBH, evidence admitted by trial judge of photographs of violence and rap lyrics disproved innocent presence R v Saleem 2007
  6. EXCEPTION TO BAD CHARACTER DEFINITION

    • 2 exceptions s.98 CJA 2003
      • s.98(a) evidence that has to do with alleged facts of the offence which (D) is charged
      • s.98(b) evidence of misconduct connected with investigation/prosecution of that offence
    • when exceptions apply evidence may be admissible and no longer BC evidence
    • evidence within s.98 doesn't have to pass through gateways in s.100 non(D) or s.101 (D)
    • based on test of relevance
      • distinction needs to be drawn between issue of case and collateral issues Lord Lane CJ
    • further exception s.99(2) CJA 2003
      • preserves common law
      • person's reputation being admissible to prove BC
      • R v Rowton exception
  7. ADMISSIBILITY

    • NON-DEFENDANT
      • COMMON LAW
        • (W) other than accused could be cross-examined on matters related facts in issue and also credits
        • FACTS IN ISSUE
          • answer not final
          • cross-examiner can contradict (W) answer
        • CREDIT/COLLATERAL ISSUE
          • (W) answer's are final
          • rule also applicable to prosecution and defence (W) Hobbs v Tinling 1929
      • CJA 2003
        • more structured approach
        • restrict offensive cross-examination
        • s.100: positive inclusionary language
          • s.101 covers matters of credibility, if not, there's a loophole which could be unfair Kennedy LJ R v Weir 2006
        • s.98
          • no need to go through requirements of s.1o0
          • use test of relevance, whether relevant to facts in issue
          • s.98(a) used when necessary to prove someone else other than accused guilty of offence
      • POLICE OFFICERS
        • cross-examining improper conduct can governed by s.100 CJA 2003
          • police fabricate remarks of (D) in order to secure conviction, appeal allowed if evidence showed if police indeed did this R v Busby 1981
      • REASONS THAT BC OF NON-DEFENDANT ADDMITTED
        • (D) suggest that someone else committed offence R v BLastland 1986
        • (D) may want to use a defence such as self-defence/duress R v Randall 2004
      • REQUIREMENT OF LEAVE
        • s.100(4) CJA 2003
          • pre-condition to admissibility of person other than (D)
        • s.41 YCJEA 1999
          • leave requirement of s.100(4) automatically satisfied
    • DEFENDANT
      • 7 GATEWAYS BC ADMITTED
        • s.101(1)(a)
          • agreement between parties
        • s.101(1)(b)
          • evidence added by (D) by (D) declaring BC or cross-examine (W)
          • if (D) BC revealed unintentionally/(W) volunteer w/out being asked, then BC inadmissible
        • s.101(1)(c)
          • important explanatory evidence, high relevant but prejudicial evidence
          • (D) charged murder of young child; evidence that (D) irritable when child cried admissible to show motive for killing R v Fulcher 1995
          • (D) convicted of murder of Jews contrary to War Crimes Act 1991 and evidence that (D) participate in search and kill against Jews was important explanatory material R v Sawoniuk 2000
        • s.101(1)(d)
          • important matter in issue between (D) and prosecution, codified version of similar fact evidence
          • ESTABLISH FOLLOWING REQUIREMENTS
            • BC of (D) is relevant
              • relevance s.109, element of credibility except where evidence is unconvincing
            • satisfies test of important matter in issue s.103
              • substantial importance in context of case as a whole s.112
            • Judge satisfied that evidence not have adverse effect on fairness of trial s.101(3)
          • PROPENSITY TO COMMIT OFFENCES s.103(1)(a)
            • (D) more than likely to commit offences of the same kind as charged
          • PROPENSITY TO BE UNTRUTHFUL s.103(1)(b)
            • (D) BC relevant and admissible to show that more than likely to tell a lie
          • DIRECTIONS BY JUDGE
            • warn the jury when placing reliance on previous convictions
            • jury shouldn't conclude that (D) guilty/untruthful just bc had convictions
            • propensity maybe only one relevant factor and jury should assess significance in light of the other evidence
        • s.101(1)(e)
          • substantial probative value in respect of important matter in issue btw (D) and co(D)
          • cannot be any trivial/insignificant matters
          • co(D) defined in s.112 CJA 2003 as person charged in same proceedings as (D)
          • 2 occasions where gateway activated
            • when BC of co(D) relevant to establish that he more likely to commit the offence
            • BC of co(D) relates to propensity to be untruthful and attempts to undermine nature/conduct of defence
          • gateway only utilised by (D) and not by prosecution, and raise the issue through testimony of co(D) or co(D) cross-examine (W)
          • no discretion to exclude BC evidence
        • s.101(1)(f)
          • admit BC of (D) in order to correct a false impression given by (D)
          • only prosecution can use this gateway
          • when (D) alleges that he is GC when in reality several prev convictions R v Ullah 2006
          • s.105(3) (D) can withdraw from assertion as such that he treated as not making the assertion
          • s.105(6) rebuttal evidence restricted to (D) rebutting assertion for false impression
          • Judge has a discretion under s.78 PACE to refuse to admit evidence that has adverse effect on fairness of trial
        • s.101(1)(g)
          • attack on another person's character
      • WARNING BY JUDGE
        • not required but good legal practice
      • SPARING USE OF BC PROVISIONS
      • DIRECTIONS BY JUDGE
        • warn the jury not to attach too much weight to previous convictions

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(Evidence) Law Year 1 Mapa Mental sobre BAD CHARACTER EVIDENCE, creado por Hannah Mustaffa el 23/04/2017.
Creado por
Hannah Mustaffa
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