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20 April 2007 / Andrew Keogh
Issue: 7269 / Categories: Features , Procedure & practice
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Crime brief

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Criminal Justice Act 2003 - Dangerous and confused? Bad character - identification issues and harsh words, Drink, guns and mobile phones, Pre-charge bail powers

Bad character

R v Eastlake [2007] EWCA Crim 603

Evidence of bad character relating to street violence was admissible to show propensity in a case involving two allegations of violence (one section 20 the other section 47 OAPA 1861) where identification was at issue in relation to each offence.

R v Osbourne [2007] EWCA Crim 481, [2007] All ER (D) 206 (Mar)

O stood trial for murder. At the trial the prosecution admitted evidence that O had in the past been aggressive to, and shouted at, his partner in relation to the care of a child.

Held

That evidence ought not to have been admitted as it did not qualify as reprehensible behaviour under Criminal Justice Act 2003, s 112. The court observed: “Shouting between partners over the care of a very young child is not of course to be commended but in the context of a charge of

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