Director of Public Prosecutions v Agyemang: Admn 24 Jun 2009

The DPP appealed by case stated against a dismissal of a charge against the respondent following a driving incident. He complained of the admission of bad character evidence saying that it would be unfair under section 78 of the 1984 Act. The magistrates had accepted that submission.
Held: The Crown had sought to adduce the previous conviction not as evidence of bad character pursuant to sections 101 ff of the Criminal Justice Act 2003, but in order to establish an essential ingredient of the offence with which the respondent was charged, namely that he was disqualified from driving at the time of the alleged offence of driving whilst qualified. Applying section 98, it is not necessary to proceed under the gateways relating to the admission of evidence of bad character.

Judges:

Richards LJ, Maddison J

Citations:

[2009] EWHC 1542 (Admin), [2009] 173 JP 487 DC

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 78, Criminal Justice Act 2003 98 101

Jurisdiction:

England and Wales

Cited by:

CitedSullivan, Regina v CACD 25-Sep-2015
The defendant appealed against his conviction of producing a controlled drug, namely cannabis. It was contended that the judge failed to provide guidance or directions to the jury as to how they ought to approach the text messages downloaded from . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 30 July 2022; Ref: scu.347437