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Criminal Litigation > Bad Character > Flashcards

Bad Character Flashcards

1
Q

References to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, _______ on his part, other than evidence which has to do with the *** of the offence with which the defendant is charged

What is _______?

(s98 CJA 2003)

A

misconduct

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2
Q

Which section of which Act defines bad character?

A

s98 CJA 2003

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3
Q

References to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, _______ on his part, other than evidence which has to do with the ** ** of the offence with which the defendant is charged

What is ****?

(s98 CJA 2003)

A

alleged facts

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4
Q

Which of the following is CORRECT?

[A] An accused is not allowed to adduce evidence of his good character to suggest the improbability of his guilt.

[B] Good character evidence can be used to support a defendant’s credibility in his story, but cannot be used as probative evidence as to the propensity (or likelihood) of him committing the offence.

[C] Good character evidence can be used as probative evidence as to the propensity (or likelihood) of him committing the offence but cannot be used to support the Defendant’s credibility.

[D] Good character evidence can both be used as probative evidence as to the propensity (or likelihood) of him committing the offence and can be used to support the Defendant’s credibility.

[E] Good character evidence is prima facie inadmissible, except in rebutting any bad character evidence adduced by the prosecution.

A

D

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5
Q

Which of the following is INCORRECT:

[A] A Vye direction should be case specific and modified to fit a variety of circumstances.

[B] A Vye direction can be used with regards to one defendant where there are multiple defendants, even if the effect may be prejudicial on the defendant who is not entitled.

[C] A full Vye direction is unavailable where a defendant has a criminal record, although a modified direction may be given

[D] A Vye direction will be particularly important in cases (such as historic sex cases) where character may form a central part of the defence.

(Dunn, p341-2)

A

[C]

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6
Q

In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if:

  1. It is important ________ evidence
    OR
  2. It has substantial probative value in relation to a matter in issue in the proceedings or the ——– of the case as a whole.

(CJA 2003 s100)

What is ______?

A

explanatory

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7
Q

In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if:

  1. It is important ________ evidence
    OR
  2. It has substantial probative value in relation to a matter in issue in the proceedings or the ——– of the case as a whole.

(CJA 2003 s100)

What is ——-?

A

context

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8
Q

Which is the “gateway” that allows bad character evidence to be adduced against a non defendant by agreement?

Section 100(1)(a) CJA 2003
Section 10(01)(b) CJA 2003
Section 100(1)(c) CJA 2003
A

Section 100(1)(c) CJA 2003

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9
Q

Which is the “gateway” that allows bad character evidence to be adduced against a non defendant as “important explanatory evidence?

Section 100(1)(a) CJA 2003
Section 100(1)(b) CJA 2003
Section 100(1)(c) CJA 2003
A

s100(1)(a) CJA 2003

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10
Q

Which is the “gateway” that allows bad character evidence to be adduced against a non defendant as it has “substantial probative value in relation to a matter which is a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole”?

A

s100(1)(b) CJA 2003

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11
Q

Bibek is charged with a s47 assault on Joe with a a pool cue. Bibek is relying on self defence. He says that Joe attacked him with a broken pint glass, hence why he hit him with the pool cue. Bibek wishes to adduce evidence that Joe has a conviction for s18 GBH, in which he ripped someone’s face open with a pint glass.

Which of the evidential gateways is Bibek most likely to use to adduce the evidence?

A

s100(1)(b) CJA 2003

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12
Q

Regarding a NON defendant’s bad character

(1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—
(a) it is important _______ evidence,
(b) it has *** probative value in relation to a matter which—
(i) is a matter in issue in the proceedings, and
(i) is of *** importance in the context of the case as a whole,
or
(c) all parties to the proceedings agree to the evidence being admissible.

What is________?

A

explanatory

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13
Q

Regarding a NON defendant’s bad character

(1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—
(a) it is important _______ evidence,
(b) it has *** probative value in relation to a matter which—
(i) is a matter in issue in the proceedings, and
(i) is of *** importance in the context of the case as a whole,
or
(c) all parties to the proceedings agree to the evidence being admissible.

What is ***?

A

substantial

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14
Q

Maureen has been convicted of GBH and is serving a prison sentence. She alleges that she was raped by a prison guard, Stephen whilst in prison.

Under which gateway (not including agreement) is Maureen’s bad character likely to be adduced in evidence at Stephen’s trial?

[F12.29]

A

s100(1)(a) CJA 2003

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15
Q

What is the correct test for whether non defendant’s bad character has probative value in the evidence under s100(1)(b)?

“Evidence of a non defendant’s bad character is admissible if it has ______ *** value in relation to a matter which is a —— – —– in the proceedings, and is of ______ importance in the context of the case as a whole.”

What is _____?

A

substantial

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16
Q

What is the correct test for whether non defendant’s bad character has probative value in the evidence under s100(1)(b)?

“Evidence of a non defendant’s bad character admissible if it has ______ *** value in relation to a matter which is a —— – —– in the proceedings, and is of ______ importance in the context of the case as a whole.”

What is ***?

A

probative

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17
Q

Which of the following is correct?

[A] For the purposes of s100(1)(b) CJA 2003 a ‘matter in issue in the proceedings’ covers both issues of disputed facts and of credibility.

[B] For the purposes of s100(1)(b) CJA 2003 a ‘matter in issue in the proceedings’ covers disputed facts but not credibility.

[C] For the purposes of s100(1)(b) CJA 2003 a ‘matter in issue in the proceedings’ covers credibility but not disputed facts.

A

[A]

18
Q

With regards to defendant’s bad character, which is the correct statutory reference for the following quote:

“In criminal proceedings evidence of the defendant’s bad character is admissible if all parties to the proceedings agree to the evidence being admissible”

A

s101(1)(a) CJA 2003

19
Q

Which is the correct statutory reference for the following quote:

“In criminal proceedings evidence of the defendant’s bad character is admissible if it is evidence to correct a false impression given by the defendant”

A

s101(1)(f) CJA 2003

20
Q

Which is the correct statutory reference for the following quote:

“In criminal proceedings evidence of the defendant’s bad character is admissible if it is important explanatory evidence”

A

s101(1)(c) CJA 2003

21
Q

Which is the correct statutory reference for the following quote:

“In criminal proceedings evidence of the defendant’s bad character is admissible if it is relevant to an important matter in issue between the defendant and the prosecution”

A

s101(1)(d) CJA 2003

22
Q

Which is the correct statutory reference for the following quote:

“In criminal proceedings evidence of the defendant’s bad character is admissible if it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant”

A

s101(1)(e) CJA 2003

23
Q

If a defendant introduces the evidence of his bad character himself, it will be admissible in evidence.

Which statutory reference?

A

s101(1)(b) CJA 2003

24
Q

Section ZZZ CJA provides that:

“For the purposes of section 101(1)(f) the defendant gives a _____ __________ if he is responsible for the making of an express or **** assertion which is apt to give the Court or jury a false or ——– impression about the defendant”

What is _____ ___________?

A

False impression

25
Q

Section ZZZ CJA provides that

(1) For the purposes of section 101(1)(d) the matters in issue between the
defendant and the prosecution include—

(a) the question whether the defendant has a ______ to commit offences of the kind with which he is charged, except where his having
such a ______ makes it no more likely that he is guilty of the
offence;

(b) the question whether the defendant has a ______ to be **, except where it is not suggested that the defendant’s case is ***
in any respect.

What is *****?

A

untruthful

26
Q

Section ZZZ CJA provides that

(1) For the purposes of section 101(1)(d) the matters in issue between the
defendant and the prosecution include—

(a) the question whether the defendant has a ______ to commit
offences of the kind with which he is charged, except where his having
such a ______ makes it no more likely that he is guilty of the
offence;

(b) the question whether the defendant has a ______ to be **,
except where it is not suggested that the defendant’s case is ***
in any respect.

What is ZZZ?

A

103

27
Q

Section ZZZ CJA provides that

(1) For the purposes of section 101(1)(d) the matters in issue between the
defendant and the prosecution include—

(a) the question whether the defendant has a ______ to commit
offences of the kind with which he is charged, except where his having
such a ______ makes it no more likely that he is guilty of the
offence;

(b) the question whether the defendant has a ______ to be **,
except where it is not suggested that the defendant’s case is ***
in any respect.

What is ______?

A

propensity

28
Q

“The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it _______ to the court that the admission of the evidence would have such an —— effect on the fairness of the proceedings that the court **** not to admit it”.

Which section of the CJA 2003?

A

s101(3) CJA 2003

29
Q

“The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it _______ to the court that the admission of the evidence would have such an —— effect on the fairness of the proceedings that the court **** not to admit it”.

What is _______?

A

appears

30
Q

“The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it _______ to the court that the admission of the evidence would have such an —— effect on the fairness of the proceedings that the court **** not to admit it”.

What is ——?

A

adverse

31
Q

“The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it _______ to the court that the admission of the evidence would have such an —— effect on the fairness of the proceedings that the court **** not to admit it”.

What is ***?

A

ought

32
Q

Which of [A]-[D] is INCORRECT?

The Criminal Procedure Rule s35 provides that a party who wishes to adduce evidence of bad character must apply to the Court and:

[A] set out the facts of the misconduct on which that party relies,
[B] explain how that party will prove those facts (whether by certificate of conviction, other official record, or other evidence), if another party disputes them
[C] explain why the evidence is admissible.
[D] Set out the reasons why the bad character evidence is probative in the case

A

[D]

33
Q

Sebastian is being prosecuted for an offence under the Hunting Act 2004 s1. He has four convictions for previous offences under the Hunting Act 2004.

The prosecution serve notice on Sebastian that they intend to adduce evidence of his prior bad character. Sebastian wishes to oppose the application as he believes it is “jolly prejudicial”.

How long does Sebastian have to give notice that he opposes the application?

[35.3 CrimPR]

A

14 day

34
Q

A party who objects to the introduction of character evidence evidence must (serve notice on the court officer and each other party not more than 14 days after service of the application.

In the notice, the party who objects must explain:

(i) Which * of the __________ set out in the notice that party disputes
(ii) What* of the __________ that party admits instead
(iii) Why the evidence is not ———,
(iv) Why it would be XXXXXX to admit the evidence, and
(v) Any other objection to the notice.

What is *****?

(Crim PR 35)

A

facts

35
Q

A party who objects to the introduction of character evidence evidence must (serve notice on the court officer and each other party not more than 14 days after service of the application.

In the notice, the party who objects must explain:

(i) Which * of the __________ set out in the notice that party disputes
(ii) What* of the __________ that party admits instead
(iii) Why the evidence is not ———,
(iv) Why it would be XXXXXX to admit the evidence, and
(v) Any other objection to the notice.

What is XXXX?

(Crim PR 35)

A

unfair

36
Q

A party who objects to the introduction of character evidence must (serve notice on the court officer and each other party not more than 14 days after service of the application.

In the notice, the party who objects must explain:

(i) Which * of the __________ set out in the notice that party disputes
(ii) What* of the __________ that party admits instead
(iii) Why the evidence is not ———,
(iv) Why it would be XXXXXX to admit the evidence, and
(v) Any other objection to the notice.

What is ______?

(Crim PR 35)

A

misconduct

37
Q

True or false:

Where a defendant faces an indictment containing several counts, it may be argued that evidence that the defendant has committed an offence contained in one count on the indictment is admissible as evidence of bad character in relation to the offences contained in other counts.

(Evidence manual 9.4.1.1.2)

A

True

38
Q

Victoria is 23 years old. She has been charged with murder. The murder is alleged to have been committed within the past year. When Victoria was 13 years old, she was convicted of common assault. Is Victoria’s previous conviction for common assault potentially admissible as bad character evidence at her trial for murder?

[A] Yes, the evidence of the assault may be admissible
[B] No, the evidence of the assault will not be admissible

A

No

39
Q

What are the “categories” of the offence prescribed by the Secretary of State under s103(2) that will establish propensity to commit offences of a similar nature?

A

Theft offences

Sexual offences

40
Q

Which of these are CORRECT?

(Crim PR 35)

[A] A prosecutor who wants to introduce such evidence must serve the notice not more than 28 days after the defendant pleads not guilty, in a magistrates’ court; 14 days after the defendant pleads not guilty, in the Crown Court.

[B] A prosecutor who wants to introduce such evidence must serve the notice not more than 14 days after the defendant pleads not guilty, in a magistrates’ court; 28 days after the defendant pleads not guilty, in the Crown Court.

[C] A prosecutor who wants to introduce such evidence must serve the notice not more than 28 days after the defendant pleads not guilty, in a magistrates’ court; 28 days after the defendant pleads not guilty, in the Crown Court.

A

A

Criminal Litigation (20 decks)

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