Character & Credibility

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Ev of bad character shows a propensity to commit an offence. True or false?
True!
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What are the facts of DPP v Boardman?
Appellant - HM boys boarding school - charged buggery of S -inciting H to commit buggery on him
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What was the decision in DPP v Boardman?
Ev was admissible as corrobative on account relating to H
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Finish the quote: ev of crim acts on part of accused will be admissible...
due to similarity with other acts in question
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Good character is governed by...
common law
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Bad character is governed by...
Criminal Justice Act 2003
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Evidence of sexual history is governed by...
Youth Justice & Criminal Evidence Act 1999
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What are the facts of Hanson?
D pleaded guilty - one count of theft alternative to burglary
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What was the decision in Hanson?
Ev of bad character was admitted under s101(1)(d) CJA 2003
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For character of parties and witnesses, what is relevant?
character and reputation
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Is defence of false accusation or accident plausible?
Yes - but not on multiple occasions!
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What are the facts of Robinson?
There was evidence that the witness had a mental abnormality
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What was the decision in Robinson?
Ev of mental abnormality is admissible only in restricted circumstances
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What are the facts of DS?
Complainant was a Church of England Clergyman
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What was the decision in DS?
It is normal practice to state the profession of a witness - this was allowed
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Pros MUST reveal evidence of a witnesses bad character to the defence. True or false?
False!
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What are the facts of Vasilou?
Victim was not informed that three prosecution witnesses had bad character.
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What was the decision in Vasilou?
The conviction was quashed - matters would be different if the jury knew of this
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What are the facts of S v DPP?
S denied assault on N (son), claimed self defence. N's credibility was critical - awaiting trial for affray. S applied for this ev to be admitted under S101 - it was not.
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What was the decision in S v DPP?
An adjournment must be granted unless no prejudice would be caused to D.
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What are the facts of Underwood?
D remained ignorant of prosecutions 45 prev convictions - the witness evidence did not relate to the main facts in issue
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What was the decision in Underwood?
The conviction was safe.
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Finish the sentence: Party calling a witness may not...
call evidence to establish good character.
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Party may impugn credibility of an opponent witness. True or false?
True!
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What may parties use to impugn credibility of witnesses?
Cross-examination techniques, e.g. previous convictions, bias, corruption.
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What is the principle laid out in Clifford v Clifford?
Conviction for any offence to put witness by cross-exam - not dishonesty.
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Rehabilitation Offenders Act 1974 states...
Courts should give effect to Parliament intention
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What is the principle laid out in Sweet-Escott?
Matters questioned in cross-exam, must relate to issue tried for.
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What is the principle laid out in Harris v Tippett?
It is permissible to put Q's to W about improper conduct may be guilty of
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What is the principle laid out in Aziz?
Good character of accused is relevant to credibility & likelihood of committing offence in trial.
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Finish the sentence: A good character of the defendant is...
an advantage to the defendant!
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Do a few old convictions prevent good character?
No - he may have them proved against him, but it does not mean he cannot claim good character.
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Finish the sentence? Admissible character evidence must be...
in the form of reputation.
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What are the facts of Rowton?
Ev wrongly received by prosecution that said R was capable of gross indecency & immorality
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What was the decision in Rowton?
Ev was prosecution opinion - not matter of fact.
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The prosecution are allowed to give personal opinion of D. True or false?
False!
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What are the facts of Redgrave?
R sought to adduce ev of love letters received in heterosexual relationship to prove he was not homosexual
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What was the decision in Redgrave?
This evidence was inadmissible.
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When will D be considered of good character?
If D calls to testify good name, he must have no criminal record and the court has a discretion to overlook previous misconduct.
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What are the facts of Anderson?
Officer admitted sexual intercourse with woman while on duty - denied sexual assault.
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What was the decision in Anderson?
D wrongly denied good character direction
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What are the facts of Maye v R?
M was carrying knife but provided no explanation
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What was the decision in Maye v R?
Good character direction ought to be given as an advantage to his provocation defence
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Can D's minor previous convictions be overlooked?
Yes!
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What is the principle laid out in Hunter?
Defendant's of absolute good character are entitled to good character direction.
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In which 3 ways can the defendant prove his own good character?
1) D may cross-exam pros witness to establish D's good character, 2) Defence may elicit evidence from own witness, and 3) D may give own evidence of good character
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What is the principle laid out in Aziz?
Good character of accused is relevant to credibility & likelihood he would commit offence
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Failure of the judge to direct the jury of the defendant's good character will amount to what?
A retrial
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What is a Vye direction?
A direction given to the jury by the judge on the facts of the defendant's good character.
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What is the first Vye direction?
Direction on good character & credibility
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What is the second Vye direction?
Direction on good character and propensity.
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If D has good character, may be less likely to commit offence. True or false?
True!
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Which case tells us when a defendant is entitled to a good character direction?
Hunter [2015]
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What is meant by 'absolute good character'?
The defendant has no prev convictions/cautions
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What is meant by 'effective good character'?
The defendant has Minor, irrelevant prev convictions
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Are those of effective good character entitled to a Vye direction?
No - it is at the judges discretion.
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Finish the sentence: If the defendant has no previous convictions, but shows reprehensible conduct...
It is at the judge's discretion whether or not to give a Vye direction.
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Finish the sentence: D has no prev convictions but shows evidence of other misconduct...
the judge MUST give bad character direction.
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Is D still entitled to a Vye direction when the case involves co-defendants?
Yes - if D1 has good character but D2 has a bad character, D1 is still entitled to a Vye direction.
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How is 'bad character' defined?
Evidence of actual misconduct or a disposition toward misconduct, other than evidence which: a) has to do with alleged facts of offence D is charged, and b) evidence of misconduct in connection with investigation of the offence
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Which legislation defines bad character?
S98 Criminal Justice Act 2003
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What is 'misconduct'?
This involves the commission of an offence or other 'reprehensible behaviour' whether or not it resulted in a conviction
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Which legislation defines
S112 Criminal Justice Act 2003
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What was the decision in S (Stephen Paul)?
A formal conviction was bad character evidence
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Why are cautions classed as bad character?
Cautions are given by police who acknowledge guilt of the offence that would otherwise have criminal proceedings
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What was the decision in Hamer?
Fixed penalty cautions not convictions - there is no guilt or proof of crime
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What is meant by 'reprehensible behaviour'?
behaviour that is scandalous, disgraceful or improper - does not need to be criminal
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What can reprehensible behaviour include?
sexual misconduct, racial beliefs, perverted sexual interests, etc.
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What are the facts of Fox?
The issue was whether keeping of a dirty notebook was evidence of bad character.
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What was the decision in Fox?
Keeping the book was not a criminal offence, content was thoughts not deeds
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What are the facts of Osbourne?
O fatally stabbed friend- there was evidence he was prone to shout at partner when he had not taken medication.
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What was the decision in Osbourne?
This was not reprehensible conduct.
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What was the decision in Saint?
Evidence that S, charged with sexual assaults, had interest in dogging & swingers was reprehensible.
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S98&112(1) Crim Justice Act 2003 is only concerned with what?
Evidence of bad character.
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What are the facts of Hussain?
H & M were jointly charged for attempted robbery - H claimed duress from M, but was not allowed to adduce evidence of M's possible murder conviction.
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What was the decision in Hussain?
Robbery & Murder are two completely different matters.
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When is evidence of bad character of someone other than D admissible?
a) when it is important explanatory evidence, b)It has substantive probative value in relation to matter in issue in proceedings, and c) All parties to proceedings agree to ev being admissible.
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What are the facts of Hussain [2015]?
Defendant & complainant told different stories about whether sex - consensual or not.
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What was the decision in Hussain [2015]?
The claimant's previous convictions were of substantive probative value of whether her accusation was believable.
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Which legislation governs the admission of bad character of defendants?
S101 Criminal Justice Act 2003
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What is the principle laid out in Highton?
Once evidence admitted under a gateway it can be used for any relevant purpose.
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Finish the sentence: Evidence is not to be admitted via (d) or (g) if...
admission of evidence would affect the fairness of proceedings.
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What is Gateway (a)?
All parties agree to the evidence being admissible.
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D will rarely agree to bad character being adduced. True or false?
True!
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The meaning of 'agree' was set out in which case?
Williams v VOSA
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What is the principle laid out in Williams v VOSA?
Depending on circumstances, agreement might be inferred from the parties acquiescence in the evidence being led
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Finish the sentence: D may only agree bad character to be admitted because...
they cannot stop evidence being admitted by other gateways.
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What is Gateway (b)?
The evidence is adduced by D himself.
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Why would D admit his own bad character?
If he is aware his bad character will be proven, admitting it himself will show a sense of honesty.
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What are the facts of Speed?
S charged with exposing himself to a child - he introduced his own criminal record which had no sexual offences.
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What are the facts of Bracewell?
1/2 men accused of murder in a burglary - one described himself as 'professional burglar' and he would 'never commit such a stupid act'.
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What is Gateway (c)?
When it is important explanatory evidence.
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What is 'important explanatory evidence'?
If without it, the jury would find it impossible to understand other evidence in the case
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Which legislation defines 'important explanatory evidence'?
S102 Criminal Justice Act 2003
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What is the principle laid out in Pettmann?
When necessary to place before jury evidence of a continual background relevant to offence, the fact that the account involves evidence establishing commission of offence of which D is not charged is not grounds to exclude evidence.
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What are the facts of TM?
Sexual abuse case - involved 43 counts of sexual assault against 9 D's
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What was the decision in TM?
The court admitted background evidence - parents gradually introduced eldest son to sexual abuse of his sister
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Which case helps to define 'background evidence'?
Pronick
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What are the facts of Pronick?
P was convicted of attempted **** of partner - the court admitted evidence of P's conviction
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What was the decision in Pronick?
Unless the claimant was allowed to give account of the nature of relationship, jury would not be able to make proper assessment of evidence.
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What is Gateway (d)?
It is relevant to an important matter in issue between D and the prosecution.
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Which legislation defines a 'matter in issue'?
S103 Criminal Justice Act 2003
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What is meant when a defendant has a 'propensity to commit offences'?
This is established by evidence that D has been convicted of offence of the same nature or category.
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What are the facts of Whitehead?
W charged with death by dangerous driving
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What was the decision in Whitehead?
Prosecution were allowed to adduce evidence of prev conviction for speeding - it shows propensity
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What is Gateway (e)?
It has substantive probative value to an important matter in issue between the defendant and the co-defendant.
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Finish the sentence: Where D adduces ev of Co-D's bad character...
it must be to resolve matter of significance in case.
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What is a 'cut-throat offence'?
Where one D is blaming the other
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What are the facts of Khan?
4 men attacked other group - 2 of them were stabbed, 1 fatally - crown could not conclude who caused fatal wound, but concluded joint enterprise.
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What was the decision in Khan?
Co-defendant's successfully applied under Gateway (e) to show K had caused wounding - prev convictions inc carrying offensive weapon - this had substantive probative value
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What is Gateway (f)?
Evidence to correct a false impression given by the defendant.
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If D does something to create false impression of good character, pros can adduce ev to correct it. True or false?
True!
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What are the facts of Marsh?
D charged with GBH and wanted to assert 'clean' criminal record
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What was the decision in Marsh?
this would create false impression, concerning bad disciplinary record at rugby games
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What is Gateway (g)?
When the Defendant has attacked another's character.
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Which legislation defines 'contaminated evidence'?
S107 Criminal Justice Act 2003
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What are the facts of DZ & JZ?
cases where W has 'heard from the street' & discussed before trial
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What was the decision in DZ & JZ?
Judge MUST stop case
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What are the facts of C?
C charged sexual assault on child - ev that complainant mother had told him what to say - child gained more info than he possessed
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What was the decision in C?
S107 established & C's prev convictions for sexual assault excluded
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Finish the sentence: Jointly charged offences must be...
treat as separate proceedings.
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What are the facts of Wallace?
Case depended on circumstantial ev - crown contended that each had similar facts and D was party to each of them
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What was the decision in Wallace?
Conviction upheld - ev was sufficient
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What is the principle laid out in Wallace?
Court must not admit ev under (g) if it would have adverse effect on fairness of proceedings
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Credibility & Contamination is governed by which legislation?
S109 & 107 Crim Justice Act 2003
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Card 2

Front

What are the facts of DPP v Boardman?

Back

Appellant - HM boys boarding school - charged buggery of S -inciting H to commit buggery on him

Card 3

Front

What was the decision in DPP v Boardman?

Back

Preview of the front of card 3

Card 4

Front

Finish the quote: ev of crim acts on part of accused will be admissible...

Back

Preview of the front of card 4

Card 5

Front

Good character is governed by...

Back

Preview of the front of card 5
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