Page 401 - Magistrates Conference 2019
P. 401

Where evidence that tends to prove that the accused is a person of good character in a particular
               respect 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 a person of good
               character. 227


               An accused in criminal proceedings shall not be cross-examined as to  matters arising out of
               evidence to which section 100 applies except with the leave of the court. 228




               Bad Character – Credibility

               Evidence that relates to the credibility of a witness is not admissible to prove that the evidence of

               the witness should or should not be accepted.

               Where such evidence is relevant otherwise than as mentioned in subsection that subsection does

               not prevent the use of the evidence to prove that the evidence of the witness should or should not

               be accepted. 229

               The hearsay rule, the opinion rule and the credibility 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. 230


               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  credibility  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. 231

               Where evidence that tends to prove that the accused is a person of good character in a particular

               respect has been admitted, the hearsay rule, the opinion rule and  the  credibility rule do not








               227  St Kitts and Nevis – Evidence Act No. 30 of 2011, section 100(4)
               228  St Kitts and Nevis – Evidence Act No. 30 of 2011, section 101
               229  St Kitts and Nevis – Evidence Act No. 30 of 2011, section 102(1)(2)
               230  St Kitts and Nevis – Evidence Act No. 30 of 2011, section 103(2)
               231  St Kitts and Nevis – Evidence Act No. 30 of 2011, section 103(3)
                                                                                                           62
   396   397   398   399   400   401   402   403   404   405   406