Page 328 - Magistrates Conference 2019

R v Aziz and Others

[1995] 3 All ER 149

Principle:

 A defendant without any relevant prior convictions who testified

or made pre-trial statements containing admissions and self-

exculpatory explanations were prima facie entitled to a good

character direction in relation to his credibility and propensity.

However, in giving such direction the trial judge had a discretion

to add qualifying words in relation to other proved or possible

criminal conduct of the defendant, which arose at the trial, so as

to place a ‘fair and balanced picture’ before the jury.

 Where the defendant’s claim to good character, other than his

absence of prior convictions, was so spurious that the trial judge

considers that it is an insult to common sense to give the general

character direction in accordance with R v Vye, he could dispense

with the direction in its entirety.