Page 408 - Magistrates Conference 2019

the defendant, and to show clearly in their reasons how that evidence factored into their
decision.

The Caribbean Court of Justice has also given recent consideration to the treatment of good
character evidence. In August and Gabb v the Queen 257 , the appellant August contended, inter

alia, that the trial judge’s failure to give a good character direction affected the safety of his
conviction for murder and the fairness of the trial. During his trial, the issue of good character

never arose and the trial judge did not give any good character direction. It was only after his

conviction, and during the sentencing hearing, that it came to the fore that August had a clean
criminal record. The court observed that the aim of a good character direction is to ensure

fairness of the trial process, and pointed to the entitlement of a defendant who has given sworn
testimony to have his good character taken into account relative to his credibility. August

having not given sworn testimony was not entitled to the credibility limb of a good character

direction. After examining the circumstantial evidence on the prosecution’s case, the court was
satisfied that the case against August was sufficiently strong, and that it a conviction was

inevitable, even if the propensity limb had been given.

Magistrates and Parish Court Judges sitting as the tribunal of fact, must conduct a similar

weighing exercise when balancing evidence of good character, where such evidence is
advanced, against the other evidence in the case. The stronger the prosecution’s case, the less

likely the failure to take it into account is to be fatal to the conviction. However, best practice

requires reasons demonstrating the weighing of the evidence and how it has been factored into
account in each case.

257 [2018] CCJ 7 (AJ)
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