Good Character

Question 1

Good character?

Answer 1

you can put yourself forward as having good character ‘I’m an upstanding member of the community’

Question 2

Vye Direction:

Answer 2

You have to be honest when putting yourself forward as having good character, otherwise you’ll be in trouble
Cautioned before – not entitled to good character, unless you disclose the caution and the court may say the caution was irrelevant and you may still be entitled to modified good character (Vye)

Question 3

D makes out there of GC during cross-x – gateway F – correct a false impression given by D.

Question 4

Assuming you’re of good character – Vye direction –

Answer 4

2 limbs (credibility and propensity) – basically says the jury can trust what you’ve said/you’re more believable.

Question 5

Effective good character –

Answer 5

they do have convictions but they’re old or spent - made mistakes in the past but turned their life around – issue might be that the judge might want to disregard a conviction just on the basis that its really old, but P wants to adduce it under a gateway to show propensity, in which the gateway wins, judge can’t dismiss it.
Must apply to cross examine someone to correct the false impression they have given.
Cannot just do it, MUST apply.

Question 6

Character evidence –

Answer 6

all about gateways and knowing whether the must or can exclude it.

Question 7

Vye and Nye directions:

Answer 7

Nye – effective/modified good character – bad character
Vye – good character

Question 8

Nye Direction:

Answer 8

What it’s about:
Bad character evidence (past misconduct or convictions)

Purpose:
Tells the jury how to properly use bad character evidence and not convict just because of it

Warns jury:
Not to assume guilt just because of past bad acts

Key case:
R v Nye and Laws [2004]

Question 9

Vye Direction:

Answer 9

What’s it about:
Good character evidence (defendant’s positive background or no previous convictions)

Purpose:
Tells the jury how to properly consider good character — both credibility and the likelihood they are less likely to offend

Warns jury:
To take good character into account as making the defendant more believable and less likely to commit the offence

Key case:
R v Vye [1993]

Question 10

In simple terms:
* Nye = Bad character → “Don’t convict just because of a bad past.”
* Vye = Good character → “Consider the clean past as making them more trustworthy and less likely guilty.