Page 459 - Magistrates Conference 2019
P. 459
R V MCLEOD AND ANOR. – RELEVANT TO CREDIBILITY ONLY
(4) Underlying facts that show particularly bad character over and above the
bare facts of the case - not necessarily to be excluded. The judge should be
careful to balance the gravity of the attack on the prosecution with the degree
of prejudice to the defendant.
(5) If objection is to be taken to a particular line of cross-examination about
the underlying facts of a previous offence, it should be taken as soon as it is
apparent to defence counsel.
(6) While it is the duty of the judge to keep cross-examination within proper
bounds, if no objection is taken at the time, it will be difficult thereafter to
contend that the judge has wrongly exercised his discretion.
(7) In every case where the accused has been cross-examined as to his
character and previous offences, the judge must in the summing up tell
the jury that the purpose of the questioning goes only to credit and they
should not consider that it shows a propensity to commit the offence
they are considering.
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