Bad Character Evidence

https://www.cps.gov.uk/legal/a_to_c/bad_character_evidence/ Bad Character Evidence Law ◦ Definitions ◦ Exclusions Bad Character of Defendants ◦ Admissibility ◦ Exclusion of Bad Character evidence ◦ Power of Court to discharge Bad Character of Non-Defendants Policy ◦ Prosecution Policy: Defendants ◦ Prosecution Policy: Non-Defendants Procedure ◦ Charging ◦ Case preparation ◦ Proving Convictions and other reprehensible conduct ▪ Convictions ▪ Cautions ▪Penalty Notices for Disorder (PND) ▪ CRIS Reports ▪ Acquittals ◦ Defendants: convictions and reprehensible conduct ◦ Non-Defendants: Convictions and reprehensible conduct ◦ Seven Gateways of Admissibility ▪ Agreement of the parties section 101(1)(a) ▪ Waiver by the defendant section 101(1)(b) ▪ Important explanatory evidence section 101(1)(c) ▪Relevant to an important matter in issue between the defendant and the prosecution section 101(1)(d) ▪ Propensity to commit...

18 August

0 Comments

Sticky

SEERATTAN v STATE

Posted by site_admin

in Bad Character

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CR APP N0. 32/2013 Between PAUL VINCENT SEERATTAN Appellant And THE STATE Respondent ************************* JUDGMENT PANEL: Yorke-Soo Hon J.A. Bereaux J.A. Moosai J.A APPEARANCES: Mr. Jagdeo Singh and Mr. Criston Williams instructed by Ms. Adaphia Trancoso for the Appellant. Ms. Joan Honore´-Paul for the Respondent. DATE DELIVERED: 24th July, 2017 Delivered by: Justice A. Yorke-Soo Hon, J.A. INTRODUCTION 1.On 8th November, 2013, the appellant was convicted before Mr. Justice Mark Mohammed and a jury in the First Criminal Court San Fernando, on two counts of murder and has appealed the convictions. CASE FOR THE PROSECUTION COUNT ONE On the 22nd...

18 August

0 Comments

Sticky

ALEXANDER v STATE

Posted by site_admin

in Bad Character

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Cr. App. No 16 of 2012 Between CURTIS HERBERT ALEXANDER (also called Shabba) – Appellant and THE STATE - Respondent PANEL: Weekes, J.A. Yorke – Soo Hon, J.A. Mohammed, J.A. APPEARANCES: Ms. K. Byer for the Appellant Mrs. A. Teelucksingh-Ramoutar and Mrs. T. Hudlin-Cooper for the Respondent DATE DELIVERED: 7th July 2015 JUDGMENT Delivered by: Mohammed J.A. INTRODUCTION (1) On October 8th 2012, the Appellant was convicted of the rape of the virtual complainant (“N”) and sentenced to a term of imprisonment of twenty years with hard labour, to start from that day. THE PROSECUTION CASE (2) The Prosecution’s case was that...

18 August

0 Comments

Sticky

RAMBERAN v STATE

Posted by site_admin

in Bad Character

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL Cr. App. No. 14 of 2010 BETWEEN RAMPERSAD RAMBERAN Appellant And THE STATE Respondent PANEL: Ivor Archie, C.J. Paula-Mae Weekes J.A. Alice Yorke-Soo Hon, J.A. APPEARENCES: Ms. J. Honoré-Paul for the State. Mr. Jagdeo Singh for the Appellant. DATE DELIVERED: 9th May, 2013 Delivered by: A. Yorke-Soo Hon, J.A. JUDGMENT 1.On 1stNovember 2010, the appellantwas convicted for the offences of sexual intercourse with a female under the age of fourteen. He was sentenced to seventeen years imprisonment and has appealed both the conviction and sentence. The Prosecution Case The virtual complainant, S.S., lived in Mayo with her mother, her stepfather (the appellant),...

18 August

0 Comments

Sticky

Bad News for Good Character (R v Hunter)

Posted by site_admin

in Bad Character

20/04/2015 In R v Hunter & Ors [2015] EWCA Crim 631, a specially constituted 5-member Court of Appeal (Thomas CJ, Sir Brian Leveson P, Hallett LJ, Coulson & Globe JJ) considered the question of when a good character direction is required, and the effect on the safety of convictions where one is required but is not given. Judgment was handed down last week (16.4.15) and GCN's Matthew Stanbury has considered this judgment on his blog The Public Lawyer , which is reproduced below with permission: Bad News for Good Character [originally published at https://thepubliclawyer.com/2015/04/16/bad-news-for-good-character/ ] In R v Hunter & Ors[2015] EWCA Crim 631,...