Page 399 - Magistrates Conference 2019

instant case, taking into account in particular the appellant’s confession and the other items of
circumstantial evidence referred to by the learned Resident Magistrate in her reasons for

judgment (see para. [43] above), it appears to us that this is a case in which the potential benefit
of a good character direction to the appellant was wholly outweighed by the nature and

coherence of the evidence which she accepted. We accordingly consider that ground four must

fail as well.” 220

Bad Character

Generally speaking, no question should be asked of a person charged with an offence that would
tend to illicit evidence that he is of bad character. 221

Evidence of the bad character of an accused person may be adduced in the following
circumstances:

(a) the proof that he has committed or been convicted of such other offence is admissible
evidence to show that he is guilty of the offence wherewith he is then charged, or

(b) he has personally or by his advocate asked questions of the witnesses for the prosecution
with a view to establish his good character, or has given evidence of his good character,

or the nature or conduct of the defence is such as to involve imputations on the character
of the prosecutor or the witnesses for the prosecution; or

(c) he has given evidence against any other person charged with the same offence. 222

Montserrat

A person charged and called as a witness in pursuance of this Act shall not be asked, and if asked

shall not be required to answer any question tending to show that he has committed, or been

220 Patricia Henry v R [2011] JMCA Crim 16
221 Jamaica – Evidence Act 1843, section 9(f)
222 Jamaica – Evidence Act 1843, section 9(f)(i)(ii)(iii); Note also that under section 15 of the Act, a party calling a witness is not
allowed to impeach his credit by calling evidence of his bad character. However, of in the opinion of the judge the witness proves
adverse, he may, with leave of the judge, be contradicted by other evidence that he has made at other times a statement
inconsistent with his present testimony.
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