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 jury would be incomplete or incomprehensible, then the fact that the whole account involves including evidence establishing the commission of an offence with which the accused is not charged is not of itself a ground for excluding the evidence.
If background evidence shows the accused in a particularly bad light, this may be a factor to be taken into account in deciding whether it would be excluded in the discretion of the court on the ground that the prejudicial effect of the evidence outweighs it probative value. A court will not readily interfere with a trial judge’s decision on discretion.’
Purchas LJ
Unreported, 2 May 1985
England and Wales
Cited by:
Cited – Regina v M and Others CACD 2-Sep-1999
Evidence of the proper background to the offence was normally admissible, even if this revealed previous offences by the defendant, and despite the fact that such offences might not be admissible on a similar fact basis. Where the jury could not . .
Approved – Regina v Sidhu CACD 22-Feb-1993
The defendant was accused of explosives offences relating to his promotion of the cause of Sikhism through membership of the Khalistan Liberation Force, which promoted an independent Sikh state. The jury considered a video recording of the appellant . .
Cited – Regina 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 . .
Cited – Osbourne, 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 Evidence
Updated: 11 December 2021; Ref: scu.183206