Page 400 - Magistrates Conference 2019

convicted of, or been charged with, any offence other than that wherewith he is then charged, or
is of bad character, unless—

(i) 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

(ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with
a view to establish his own 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

(iii) he has given evidence against any other person charged with the same offence; 223

St Kitts and Nevis

Good Character

The hearsay rule, the opinion rule and the tendency rule do not prevent the admission or use of
evidence adduced by an accused that tends to prove that the accused is, either generally or in a

particular respect, a person of good character. 224

The purpose of introducing evidence of good character is primarily to establish the credibility of

a witness or the accused, as well as to point to the improbability of guilt: Director of Public

Prosecutions v Selena Varlack 225

Bad Character

Where evidence that tends to prove that the accused is generally a person of good character has
been admitted, the hearsay rule, the opinion rule and the tendency rule do not prevent the

admission or use of evidence that tends to prove that the accused is not generally a person of
good character. 226

223 Montserrat – Evidence Act Cap. 2.08, section 6(e)
224 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 100(2)
225 [2008] UKPC 56
226 St Kitts and Nevis – Evidence Act No. 30 of 2011, section 100(3)

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