The defendant appealed his conviction for murder. He complained at the admission of a statement made by the police surgeon who had attended him in the police station as evidence of bad character under the 2003 Act. The statement was as to his liability to snap if he had not taken medication. The defendant said this was not evidence of bad character.
Held: The evidence was not admissible: ‘In the context of this charge of murder, we do not accept that shouting at a partner in the manner described can amount to reprehensible behaviour within the meaning of Section 102 of the 2003 Act. Shouting between partners over the care of a very young child is not of course to be commended but in the context of a charge of murdering a close friend, it does not cross the threshold contemplated by the words of the statute. ‘ However the verdict remained safe.
Judges:
Pill LJ, Henriques J, Sir Rchard Curtis
Citations:
[2007] EWCA Crim 481, Times 24-Apr-2007
Links:
Statutes:
Police and Criminal Evidence Act 1984 74, Criminal Justice Act 2003 101(1)(c)
Jurisdiction:
England and Wales
Citing:
Cited – Rex v Ball HL 1911
Evidence of sexual acts or advances other than those which are the subject of the charge is frequently adduced to show the true nature of the relationship between the parties, a practice which may be regarded as an acceptable and inevitable form of . .
Cited – Regina v Dolan CACD 2002
The defendant appealed conviction for the murder of his infant son. Evidence said that he had lost his temper with a fire in the home as it would not light, and had damaged it with a hammer or by kicking it; evidence that he had lost his temper with . .
Cited – Regina v Fulcher CACD 1995
The previous non-accidental injuries sustained by the baby whom F was alleged to have murdered were relevant to show not only that the child, being in pain, was more likely to be fractious, but also how F was likely to react to the child crying. The . .
Cited – Regina v Pettman CACD 2-May-1985
Background evidence is admissible ‘Where it is necessary to place before the jury evidence of part of a continual background of history relevant to the offence charged in the indictment and without the totality of which the account placed before the . .
Cited by:
Cited – Palmer, Regina v CACD 6-Dec-2016
The court considered the admission in evidence of social media messages. The defendant had been convicted of the murder of her violent boyfriend, and objected unsuccessfully to the admission of texts which she said were unduly prejudicial.
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 10 July 2022; Ref: scu.249967