Whenever trying to acknowledge proof through this gateway, it is vital consequently that the difficulties in the event are identified as well as the relevance to that particular dilemma of the bad character proof is plainly identified. For proof to pass through this gateway, it offers become highly relevant to a essential matter in problem between your events; that is defined in part 112 as meaning “a question of significant value into the context for the situation as a whole”. Hence prosecutors should never lose sight regarding the have to concentrate on the crucial problems in case and really should never ever seek to adduce bad character proof as probative of peripheral or fairly unimportant problems within the context regarding the situation in general.
Probably the most radical departures through the law that is common to allow proof of tendency to be utilized as probative of a problem in case. Part 103(1) provides that really matters in problem involving the defendant in addition to prosecution include –
- The question whether the defendant has a propensity to commit offences of the type or sort with which he’s charged, except where their having this type of propensity causes it to be no longer likely that he’s responsible of this offence;
- Issue whether or not the defendant includes a tendency to be untruthful, except where it’s not recommended that the defendant’s situation is untruthful in any way.
By subsection 2
Where subsection (1)(a) is applicable, a defendant’s propensity to commit offences associated with type or kind with which he’s charged may (without prejudice to your other method of performing this) be founded by proof which he happens to be convicted of