Page 458 - Magistrates Conference 2019

R V MCLEOD AND ANOR. – RELEVANT TO CREDIBILITY ONLY

[1] The primary purpose of the cross-examination as to previous convictions

and bad character of the accused - to show that he is not worthy of belief – not

to show that he has a disposition to commit similar type offences. The mere

fact that the offences are of a similar type will not make them improper.

[2] It is undesirable to have prolonged or extensive cross-examination in

relation to previous offences – this will divert the jury from the principle

issues in the case. Unless the earlier ones are admissible as similar fact

evidence, prosecuting counsel should not seek to probe or emphasise

similarities between the underlying facts of previous offences and the instant

offence.

[3] Similarities of defences which have been rejected by juries on previous

occasions may be a legitimate matter for questions – they do not show a

disposition to commit the offence in question but are relevant to credibility.

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