Chapter 14 Multiple Choice Questions

. At common law, what was meant by a person's 'character'?

At common law, a person's character consisted of his/her reputation in the community and of nothing else.

At common law, a person's character consisted only of his/her previous convictions. It was not until the case of Rowton (1865) Le & Ca 510 that the definition was extended beyond that narrow focus.

At common law, a person's character consisted only of his/her previous convictions and evidence of the accused's known disposition to behave in certain ways.

At common law, a person's character was determined by the local Justice of the Peace (JP). The JP was required, where the accused's character was in issue, to take a deposition from the accused because the accused was not a competent witness for the defence.

. The defendant in a civil action may not introduce evidence of his/her good character for the purpose of suggesting an absence of liability, notwithstanding that the allegations concerned are of intentional blameworthy and possibly criminal conduct.

True

False

. In what circumstances, if any, is similar fact evidence is admissible in civil proceedings?

As similar fact evidence is a criminal evidence concept, such evidence is quite simply inadmissible in civil proceedings.

Similar fact evidence is admissible under the Civil Evidence Act 1995 provided the appropriate notice is given.

Similar fact evidence is admissible provided it also has enhanced probative value, so that it is reasonably conclusive of the issues to be decided.

Similar fact evidence is admissible if it is relevant and probative of the facts in issue.

. What is the current evidential value of good character evidence in a criminal trial?

Evidence of the accused's good character is solely relevant to the issue of the accused's guilt or innocence and has no bearing on his/her credibility. Indeed, juries are directed to disregard any impact that such evidence may or may not have in that respect.

There are two uses which a jury may make of evidence of good character. First, it may be used as evidence that makes it less likely that the accused committed the offence in question. Second, it may be used as evidence of the accused's credibility if the accused gives evidence at trial and in relation to any answers given in a police interview.

Evidence of the accused's good character is solely relevant to the issue of the accused's credibility and not to his/her guilt, which is a matter for the jury to decide on the factual evidence presented to them. Indeed, juries are directed to disregard any impact that such evidence may or may not have in that respect.

There are only two uses which a jury may make of evidence of good character. First, it may be used as evidence that makes it less likely that the accused committed the offence in question. Second, it will be relevant to the sentence that the judge imposes if the accused is found guilty.

. 'In the circumstances where a defendant has only old, minor and irrelevant previous convictions or police cautions, the trial judge is obliged to treat the defendant as being of "effective good character" and provide a good character direction to the jury'.

True

False

. 'It is self-evident that if the defendant in a criminal trial asserts that he is a person of good character, he is obliged as a matter of law to adduce some evidence of that positive good character in order to rely on it'.

True

False

. In a joint trial, where not all the accused are of previous good character, the judge will give which of the following good character directions? Please select all that apply.

The judge is obliged to not give any directions as to good character because to do so would mislead the jury and prejudice the trial of accused who are not of previously good character.

The judge is obliged to not give any directions as to good character, unless the jury enquires about the character of the accused. Then, the judge must give both the first and second-limb directions in Vye, with respect to each of the accused of previous good character, and a Lucas direction in relation to the other accused.

The judge must give both the first and second-limb directions in Vye, with respect to each of the accused of previous good character. The judge will not refer to the character of the other accused.

The judge must give both the first and second-limb directions in Vye, with respect to each of the accused of previous good character. The judge may then direct the jury not to speculate about the character of the other accused.

. The general rule on credibility is that a direction as to the relevance of good character to a defendant's credibility is to be given where a defendant has a good character and has testified or made pre-trial statements.

True

False

. The general rule on the defendant's propensity to commit offences is that a direction as to the relevance of a good character to the likelihood of a defendant having committed the offence charged is to be given where a defendant has a good character whether or not he has testified or made pre-trial answers or statements.

True

False

. 'Where a defendant has pleaded guilty to one or more offences in the same proceedings he is, nevertheless, entitled to both limbs of a good character direction'.

True

False

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