Page 397 - Magistrates Conference 2019
P. 397

In criminal causes or matters, the fact that the defendant or the accused person, as the case may
               be, has a good character may be proved; but the fact that he has a bad character is inadmissible in

               evidence, unless it is itself a fact in issue, or unless evidence has been given that he has a good
               character, in which case evidence that he has a bad character is admissible. 214




               Bad Character


               When anyone gives evidence of his good character who:

                   (a) being on his trial for any felony not punishable with death, has been previously convicted
                       of felony; or

                   (b) being on his trial  for  any  offence involving  fraud or dishonesty punishable under the

                       Summary Jurisdiction (offences)  act, or the Criminal  Law (offences) Act, has been
                       previously convicted of any offence punishable on summary conviction or on indictment;

                       or
                   (c) being on his trial for any offence in respect of coin punishable under either of the said

                       Acts has been previously convicted of any offence in respect of coin;

               The complainant or prosecutor, or the State, may, in answer to the evidence of good character,

               give evidence of any of those previous convictions before the magistrate gives his decision, or
               before the jury  return their verdict, in respect of the offence for which the offender is being

               tried. 215

               In this section, the word “character” means reputation as distinguished from disposition, and

               evidence may be given only of general reputation, and not of particular acts by which reputation

               or disposition is shown. 216

               Jamaica

               Good Character






               214  Guyana – Evidence Act Cap. 5.03, section 22(1)
               215  Guyana – Evidence Act Cap. 5.03, section 22(2)
               216  Guyana – Evidence Act Cap. 5.03, section 22(3)
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