Source: All England Reporter
Publisher Citation: [2008] All ER (D) 157 (Apr)
Neutral Citation: [2008] EWCA Crim 758
Court: Court of Appeal, Criminal Division
Judge:

Toulson LJ, Penry-Davey and Simon JJ

Representation David Sapiecha (assigned by the Registrar of Criminal Appeals) for the defendant.
  Nicholas Gerasimidis (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 11 April 2008

Catchwords

Criminal evidence - Character of accused - Bad character - Previous misconduct not subject of criminal convictions - Causing death by dangerous driving - Judge permitting prosecution to adduce evidence of previous bad driving - Whether admissible - Complications to trial and summing up where previous misconduct not being subject of conviction - , .

The Case

In dismissing the defendant's appeal against conviction for causing death by dangerous driving on the ground that evidence of his previous misconduct had not been unreasonable or wrong in principle, save in one respect, the court held that applications to adduce evidence of previous misconduct which had not been the subject of conviction had to be approached with considerable caution. If a judge decided to admit such evidence, he had to consider how to deal with it in his summing up in a way which was fair and did not give undue prominence to the bad character evidence.

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