Passos-Carr, R. v

Passos-Carr, R. v

The trial judge's refusal to admit the co-accused's bad character evidence was reasonable because the co-accused accepted punching the complainant, did not implicate the applicant, and the evidence did not have substantial probative value as to the issue between the applicant and his co-accused.

Parties
Prosecution: Regina; Applicant: Kaue Passos-Carr
Jurisdiction
England and Wales
Judgment Date
25 August 2009
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
renewed application for leave to appeal against conviction refused
Legal Topics
Bad Character Evidence, Propensity, Joint Enterprise, Cut Throat Defence, Self Defence
Criminal Law Bad Character Evidence Propensity Joint Enterprise Cut Throat Defence Self Defence

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Parties

Regina

Prosecution

Kaue Passos-Carr

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence of the co-accused's bad character under section 101(1)(e) of the Criminal Justice Act 2003
  2. 2 Whether the evidence of the co-accused's previous convictions had substantial probative value in relation to an important matter in issue between the applicant and his co-accused

Ratio Decidendi

The trial judge's refusal to admit the co-accused's bad character evidence was reasonable because the co-accused accepted punching the complainant, did not implicate the applicant, and the evidence did not have substantial probative value as to the issue between the applicant and his co-accused.

Court Disposition

renewed application for leave to appeal against conviction refused