Bad character evidence

Question 1

What are 4 safeguards/defences for BC evidence?

Answer 1

1. cannot be used to bolster an already weak case
2. s78 (gateway D and G only)
3. time since previous convictions
4. contaminated evidence

Question 2

What are the 7 gateways to admit defendant BC evidence?

Answer 2

Agreement (no permission)
Blurts out (no permission)
Context
Done it before
E done it
False impression
Gets at the witness

Question 3

What is the test to admit evidence through gateway C (context)?

Answer 3

Important explanatory evidence:

i. without it the court/jury would find it difficult to understand other evidence; and
ii. substantial value to the case

Question 4

What is the test to admit evidence through gateway D (done it before)?

Answer 4

Important matter in issue between D and P:

i. substantial importance
ii. matters in issue include propensity to:

a. commit offences of the same kind
b. be untruthful

Question 5

What is the test to admit evidence through gateway G (gets at witness)?

Answer 5

D makes an attack on another person (living or dead) character to the effect that the other person has:

i. committed an offence; or
ii. behaved or is inclined to behave in a reprehensible way; and
iii. accusations about the other person to that effect

Question 6

What gateways are available to admit non-defendant BC evidence?

Answer 6

Agreement (permission needed)
Context
Done it before (D can use to show that someone else committed the offence)