Whenever wanting to acknowledge proof through this gateway, it is vital consequently that the problems in the event are identified and also the relevance to that particular problem of the bad character proof is obviously identified. For proof to pass through this gateway, this has become strongly related a matter that is important problem involving the events; this really is defined in part 112 as meaning “a matter of substantial value within the context regarding the instance as a whole”. Therefore prosecutors should never lose sight associated with the have to concentrate on the essential problems in the event and may never ever seek to adduce character that is bad as probative of peripheral or reasonably unimportant dilemmas into the context associated with instance all together.
Perhaps one of the most radical departures through the law that is common allowing proof of tendency to be utilized as probative of a problem in the event. Part 103(1) provides that really matters in problem amongst the defendant plus the prosecution include –
- Issue if the defendant includes a tendency to commit offences for the type with which he could be charged, except where their having this type of tendency causes it to be forget about likely that he’s bad regarding the offence;
- Issue whether or not the defendant includes a tendency become untruthful, except where it’s not recommended that the defendant’s situation is untruthful in any way. Continue reading