Source: All England Reporter
Publisher Citation: [2006] All ER (D) 07 (May)
Court: Court of Appeal, Criminal Division
Judge:

Hooper LJ, Leveson and Beatson JJ
Representation Gerard Hillman (assigned by the Registrar of Criminal Appeals) for the defendant.
  John Kellett (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 2 May 2006

Catchwords

Criminal evidence - Character of accused - Previous conviction - Burglary - Previous convictions showing propensity to commit such offences as charged - Whether judge erring in hearing oral application to adduce convictions late in prosecution case - Whether judge's finding that defendant would not suffer prejudice unreasonable - Whether conviction unsafe - , s 101(1)(d).

The Case

In all the circumstances of the instant case, the judge had been entitled to entertain the application by the prosecution towards the end of its case to adduce evidence of the defendant's previous convictions, and his decision that the defendant would not suffer prejudice, which, in order to be challenged, had to be shown to be unreasonable, was far from unreasonable. It followed that the defendant's conviction for burglary was not unsafe.

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