Disclosure of Defendant's Misconduct, Twice
R v Tirnaveanu [2007] EWCA Crim 1239
CA
Weekly Law Notes Summary
24 May 2007
Evidence of misconduct by a defendant was evidence “to do with” the alleged facts of the offence with which the defendant was charged and therefore excluded from the definition of bad character in s 98(a) of the Criminal Justice Act 2003, if it had some nexus in time with that offence.
Misconduct Disclosure Rules Considered Defective Again
R v Musone [2007] EWCA Crim 1237
CA
Weekly Law Notes Summary
23 May 2007
Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.