Page 406 - Magistrates Conference 2019

(d) it is relevant to an important matter in issue between the accused and the prosecution;

(e) it has substantial probative value in relation to an important matter in issue between the

accused and a co-accused;

(f) it is evidence to correct a false impression given by the accused;

(g) the accused has made an attack on another person’s character. 253

The Court shall not admit evidence under subsection (1) if, on an application by the accused to

exclude it, it appears to the Court that the admission of the evidence would have such an adverse
effect on the fairness of the proceedings that the Court ought not to admit it. 254

On an application to exclude evidence under subsection (3) the Court shall have regard, in
particular, to the length of time between the matters to which that evidence relates and the

matters which form the subject of the offence charged. 255

R v Hunter 256 has placed important limitations on the extent to which evidence of defendant’s

good character must be taken into account by the tribunal of fact. Though it was a consolidated
appeal arising from the assizes, the principles are equally applicable in the summary

jurisdiction. The key shift in jurisprudence cemented by this decision is that the failure to take

into account good character evidence will not inevitably lead to the quashing of a conviction
on appeal. Where an appellant with a spurious claim to good character, or in instances where

good character evidence is of little weight in the context of the case as a whole, judges are no
longer obliged to give good character directions which will be meaningless or absurd. In the

summary jurisdiction, much will turn on the facts of the case, and whether good character
evidence is evident from the record. It is, however, undoubtedly good practice for a sitting

Magistrate to enquire whether there may be any character evidence that may be beneficial to

253
Trinidad and Tobago – Evidence Act. Chap 7.02, section 15N(1); See also sections 15O – 15S which define and explain the
parameters of the gateways of section 15N.
254 Trinidad and Tobago – Evidence Act. Chap 7.02, section 15N(3)
255 Trinidad and Tobago – Evidence Act. Chap 7.02, section 15N(4); See also Trinidad and Tobago Criminal Bench Book 2015
Chapters 13 - 14
256 [2015] EWCA Crim 631

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