header-logo header-logo

14 June 2007
Issue: 7277 / Categories: Case law , Law digest
printer mail-detail

Criminal Evidence

R v Musone [2007] EWCA Crim 1237, [2007] All ER (D) 398 (May)

Once evidence of a defendant’s bad character is found to be admissible pursuant to CJA 2003,  s 101(1)(e), that section does not confer any power on the court to exclude that evidence on the grounds of unfairness.

Admissibility under that sub-section depends solely on the court’s assessment of the quality of the evidence. However, the rules made under s 111, in relation to bad character evidence do confer power on the court to exclude such evidence in circumstances where there has been a breach of a prescribed requirement. Cases in which a breach of the procedural rules will entitle a court to exclude evidence of substantial probative value will be rare.

A court should be most reluctant to exclude evidence of that quality by reason of a breach of the procedural code; nonetheless, there will be cases where the only way in which the court can ensure fairness is by excluding evidence, even when it reaches the quality described in s 101(1)(e).

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll