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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