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 court expressly disclaimed the suggestion that the evidence was received as similar fact evidence. The good character direction should always be given if applicable. It will always have some effect. Kennedy LJ said: ‘medical evidence was adduced to show the severity of the fatal injury and also to show that this very young child had on earlier occasions sustained injuries of a kind which were unlikely to have been sustained accidentally. The earlier injuries were also relevant as tending to show that right up to the time of the fatal injury the child would have been in some pain, and so more liable to be fractious than a normal healthy baby. The prosecution was then, in our judgement, entitled to lead evidence to show how on other occasions the appellant reacted to the crying baby, so that they could invite the jury to infer that on the critical occasion the appellant was so irritated that he resorted to gross violence. In other words, the evidence now challenged was evidence of motive. It went to the actus reus and the mans rea.’

Judges:

Kennedy LJ

Citations:

[1995] 2 Cr App R 251

Jurisdiction:

England and Wales

Citing:

AppliedRex 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 . .
AppliedRegina v Williams CACD 1986
The defendant was charged with threatening to kill.
Held: Evidence of previous threatening and violent conduct of Williams towards the victim was rightly admitted to establish an intention on the part of the defendant that the victim should . .

Cited by:

CitedTeeluck and John v The State PC 23-Mar-2005
(Trinidad and Tobago) The defendant appealed against his conviction saying that his defence had been incompetent in having failed to require the judge to give a good character direction to the jury.
Held: The appeal was allowed. Recent cases . .
CitedRegina v Beedles CACD 31-Jul-1996
The defendant appealed against his conviction for sexual assault. The issue was whether a note written by the complainant to her teacher was admissible as evidence of recent complaint to corroborate her statement. Similar allegations had been made . .
CitedOsbourne, Regina v CACD 13-Mar-2007
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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 May 2022; Ref: scu.224878