R v AKB (No. 7) [2018] NSWSC 1120

R v AKB (No. 7) [2018] NSWSC 1120

Where the accused adduces evidence only of having no criminal record to show good character in a particular respect, s 110(3) of the Evidence Act confines cross-examination and rebuttal to that issue, excluding evidence of other alleged bad acts or remote conduct.

Parties
Prosecution: Crown; Accused: AKB
Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Application by the Crown to adduce other bad character evidence refused. Cross-examination confined to the issue of criminal record only.
Legal Topics
Character Evidence, Cross Examination, Section 110 Evidence Act, Rebuttal Evidence
Criminal Law Evidence Character Evidence Cross Examination Section 110 Evidence Act Rebuttal Evidence

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Parties

Crown

Prosecution

AKB

Accused

Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 Whether the Crown may cross-examine on uncharged acts or adduce other evidence of bad character when the accused has adduced evidence only that he has no criminal record
  2. 2 Application of s 110(3) Evidence Act 1995 (NSW) to confine cross-examination and rebuttal evidence

Ratio Decidendi

Where the accused adduces evidence only of having no criminal record to show good character in a particular respect, s 110(3) of the Evidence Act confines cross-examination and rebuttal to that issue, excluding evidence of other alleged bad acts or remote conduct.

Court Disposition

Application by the Crown to adduce other bad character evidence refused. Cross-examination confined to the issue of criminal record only.

Orders

  • Crown not permitted to adduce evidence of prior assaults or other bad behaviour; cross-examination confined to evidence of criminal record.