Page 460 - Magistrates Conference 2019

R V MCLEOD AND ANOR. – RELEVANT TO CREDIBILITY ONLY

(4) Underlying facts that show particularly bad character over and above the

bare facts of the case - not necessarily to be excluded. The judge should be

careful to balance the gravity of the attack on the prosecution with the degree

of prejudice to the defendant.

(5) If objection is to be taken to a particular line of cross-examination about

the underlying facts of a previous offence, it should be taken as soon as it is

apparent to defence counsel.

(6) While it is the duty of the judge to keep cross-examination within proper

bounds, if no objection is taken at the time, it will be difficult thereafter to

contend that the judge has wrongly exercised his discretion.

(7) In every case where the accused has been cross-examined as to his

character and previous offences, the judge must in the summing up tell

the jury that the purpose of the questioning goes only to credit and they

should not consider that it shows a propensity to commit the offence

they are considering.

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