||All England Reporter
|| All ER (D) 157 (Apr)
|| EWCA Crim 758
||Court of Appeal, Criminal Division
Toulson LJ, Penry-Davey and Simon JJ
||David Sapiecha (assigned by the Registrar of Criminal Appeals) for the defendant.
||Nicholas Gerasimidis (instructed by the Crown Prosecution Service) for the Crown.
||11 April 2008
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 - , .
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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