Gateway (f)

Gateway (f)

1. It is evidence to correct a false impression given by the defendant. (s.101(1)(f)

2. Where D gives a good impression of themselves then the prosecution can adduce evidence to challenge this.

3. s.105 CJA 2003 states that a D gives a false impression if he is responsible for the making of an express or implied assertion which is apt to give the court/jury a false impression or misleading impression about D; evidence to correct such an impression is evidence which has probative value in correcting it.

4. s.105 covers implied assertions so even if a D does not state that they are of good character, gateway f can still be used even if the D has adduced some evidence which gives that impression.

5. R v Sutton (2007): S was charged with sexual offences against a 7 year old girl. He stated that the touching was innocent and that he had no sexual interest in children. The prosecution was permitted to adduce evidence from a former girlfriend of S that he had inappropriate relationships with children and had lots of inappropriate photos on his computer.

6. The simple of a denial of a charge is not sufficient to justify the admission of evidence under gateway f.