关于Versus Highton一案的启示的法律论文 [4]
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论文字数:3619论文编号:org201409241313595262语种:英语 English地区:中国价格:免费论文
关键词:Versus Highton法律论文Law Essay刑事案件
摘要:本文是关于Versus Highton一案的启示的法律论文,良好的品格作为可受理的证据仍然受到普法的管辖。至于人品太差的情况,1865年刑事诉讼法第3条规定,一方当事人无权以自己亲眼看到的不良品格作为一般证据,来否定信誉。
entitled to cross-examine accused about a previous conviction for dishonesty under the 1898 act. [29] However, such cross-examination would not be allowed under s.105 because the defendant had not created a false impression about his character in relation to women which was the only part of his character that was relevant on a charge of indecent assault. [30]
S.106 CJA 2003 supplemented S.101(1)(g), prosecution evidence of the accused bad character is admissible if the defendant has made attack on another person’s character if he “adduces evidence attacking the other’s character; ask questions in cross-examination that are intended to elicit such evidence or, evidence is given on imputation about the other person made by the defendant.” S.106(2) reprises the definition of “bad character” set out in s.98 and s.112, further defines the notion of “evidence attacking other person’s character”. It is very depends on the defendant’s credibility in relation to any conviction if one attacked a witness’s character under the old law. The new CJA 2003 and the Court of Appeal have been vigilant to ensure that only convictions which are direct evidence of untruthfulness as opposed to generalised dishonesty are admissible, which is the defendant’s truthfulness. The Court of Appeal has made it clear that once an attack is launched on the character of another person, then evidence of any conviction may be admitted to undermine the credibility of the defendant.
In R v Highton, [31] the appellant was charged with kidnapping, robbery and theft. He accused the complaints of lying and his previous conviction were admitted pursuant to s.101(1)(g). The Court of Appeal said that a distinction must be drawn between the admissibility of bad character evidence. Lord Woolf made clear that the use of bad character evidence depends on matters to which it is relevant rather than to the gateway through which it is admitted. When depends on the accused having attacked on another person’s character the evidence may depend the facts, be relevant not only to credibility but also to propensity to commit offences of the kind with which the defendant is charged. Similarly, evidence admitted under gateway (d) to show propensity may also have relevance to credibility. In rejecting the notion that evidence of propensity to commit offence is only admissible via S.101(1)(d), Lord Woolf CJ made reference neither to the Act’s loose-knit Explanatory Note nor to the view advanced by the judicial Studies Board’s Criminal Committee. [32]
The full implications of Lord Woolf’s reasoning became explicit in R v Campbell. [33] The defendant who had previous convictions was charged with assault and violence to his girlfriend. The Court of Appeal dealt with the issue of a propensity to untruthfulness. Lord Philips CJ rejected the submission that direction to the jury have to regard to bad character evidence for some purposes and it “would be to revert to the unsatisfactory practices that prevailed under the old law” if disregarding its relevance in other respects. Lord Philips directed the jury that they must not convict the appellant on the basis of bad character but that they could use the previous convictions s.101(1)(d)CJA 2003 to help resolve the issue. [34] His lordship stated that the changed introduced by the 2003 Act should be the occasion for simplifying the directions to juries and decisions before 2003 Act are unhelpful and should not b
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