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The defendants character

Caoimhe Kelehan LAW FE 1 English

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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

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FE 1 LAW (The Law of Evidence) Mind Map on The defendants character, created by Caoimhe Kelehan on 18/05/2022.
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Caoimhe Kelehan
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