Law of Evidence - CHARACTER SIMILAR FACT EVIDENCE.pdf -...

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UNAM FACULTY OF LAW LAW OF EVIDENCE CHARACTER EVIDENCE & SIMILAR FACT EVIDENCE LECTURER: LIZAZI EUGENE LIBEBE
LESSON OBJECTIVES EXPLAIN AND APPLY THE RULES PERTAINING TO: CHARACTER EVIDENCE SIMILAR FACT EVIDENCE APPLICABLE IN CIVIL AND CRIMINAL CASES
CHARACTER EVIDENCE INTRODUCTION CONCERNED WITH WHAT EVIDENCE PERTAINING TO CHARACTER & DISPOSITION MAY BE ADDUCED TWO CATEGORIES: GENERAL REPUTATION IN THE COMMUNITY YOU LIVE (MORAL & ACTUAL CHARACTER) A PERSON’S DISPOSITION TO THINK OR ACT IN A PARTICULAR WAY (TRAI TS) RULES PERTAINING TO CHARACTER EVIDENCE IN CRIMINAL & CIVIL CASES DEALT WITH BELOW
CHARACTER EVIDENCE CHARACTER IN CRIMINAL CASES THE CHARACTER OF THE ACCUSED SECTION 227 OF CPA (AMENDED BY SECTION 17 OF ACT 8 OF 2000 ) SECTION 227A OF CPA “EVIDENCE OF SEXUAL CONDUCT OR EXPERIENCE OF COMPLAINANT OF RAPE OR OFFENCE OF AN INDECENT NATURE” GENERAL RULE : ACC MAY ADDUCE EVIDENCE OF OWN GOOD CHARACTER BUT PROSECUTION PROHIBITED TO ADDUCE EVIDENCE OF HIS BAD CHARACTER, SUBJECT TO EXCEPTIONS.. R v ROWTON 1865 LE & CA 520 540, 169 ER 1497 1506 (ON EVIDENCE OF ACCUSED’S GOOD CHARACTER): “SUCH EVIDENCE IS ADMISSIBLE BECAUSE IT RENDERS IT L ESS PROBABLE THAT WHAT THE PROSECUTION HAVE AVERRED IS TRUE. IT IS STRICTLY RELEVANT TO THE ISSUE” EVIDENCE OF ACCUSED’S BAD CHARACTER CONSIDERED DISPROPORTIONATE & IRRELEVANT IN ENGLISH LAW (AND BASIS FOR SOUTH AFRICAN LAW)
CHARACTER EVIDENCE CHARACTER IN CRIMINAL CASES THE CHARACTER OF THE ACCUSED PAST BEHAVIOR A GOOD INDICATOR OF LIKELY FUTURE BEHAVIOR? DISPOSITION EVIDENCE MAY BE LOGICALLY RELEVANT IN ESTABLISHING THE LIKELIHOOD OF A PARTICULAR BEHAVIOR OCCURRING? GENERALIZED APPLICATION OF SOCIAL PSYCHOLOGY & ACCURACY OF PAST BEHAVIOR AS PREDICTOR OF FUTURE BEHAVIOR. PREJUDICIAL? WAYS ACCUSED MAY ESTABLISH GOOD CHARACTER: TESTIFYING HERSELF ; CALLING WITNESSES OR BY XX OF PROSECUTION WITNESSES THE PROSECUTION CAN RESPOND BY INTRODUCING EVIDENCE OF BAD CHARACTER & ACCUSED MAY RENDER HIMSELF LIABLE TO XX AS TO BAD CHARACTER IN TERMS OF SECTION 197 OF THE CPA
CHARACTER EVIDENCE CHARACTER IN CRIMINAL CASES EVIDENCE OF THE ACCUSED’S BAD CHARACTER THREE WAYS THE PROSECUTION MAY RESPOND: ADDUCING EVIDENCE OF BAD REPUTATION CROSS-EXAMINING CHARACTER WITNESSES CROSS-EXAMINING THE ACCUSED IF THE ACCUSED ATTACKS THE CHARACTER OF PROSECUTION WITNESS BUT DOES NOT ADDUCE EVIDENCE AS TO HER OWN GOOD CHARACTER, PROSECUTION MAY NOT ADDUCE EVIDENCE OF ACCUSED’S BAD CHARACTER ( R v PALUSZAK 1938 TPD 427 ) R v BUTTERWASSER 1948 1 KB 4, 1947 2 ALL ER 415 : DEFENCE’S XX OF STATE WITNESS AS TO THEIR PREVIOUS CONVICTIONS DID NOT PERMIT THE PROSECUTION TO CALL A POLICE OFFICER TO TESTIFY AS TO ACCUSED’S PREVIOUS CONVICTIONS. THE AT TACK ON PROSECUTION WITNESS DIRECTED AT PUTTING THEIR CHARACTER IN ISSUE & NOT CHARACTER OF ACCUSED..
CHARACTER EVIDENCE CHARACTER IN CRIMINAL CASES SECTION 197 OF THE CPA : “PRIVILEGES OF ACCUSED WHEN GIVING EVIDENCE” “… ACCUSED MAY NOT BE ASKED OR REQUIRED TO ANSWER ANY QUESTION TENDING TO SHOW…..THAT HE IS OF BAD CHARACTER…UNLESS : (a)

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