Source: All England Reporter
Publisher Citation: [2006] All ER (D) 231 (Apr)
Court: Court of Appeal, Criminal Division

Hooper LJ, Leveson and Beatson JJ

Representation Michael Chambers (assigned by the Registrar of Criminal Appeals) for the defendant.
  Andrew Espley (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 26 April 2006


Criminal evidence - Character of accused - Previous conviction - Using a false instrument with intent - Attempting to obtain a money transfer by deception - Judge admitting previous convictions for offences committed after instant offence as relevant to propensity - Whether previous convictions for subsequent offences could be admitted as going to propensity - Whether convictions unsafe.

The Case

Where bad character evidence was adduced under s101(1)(d) and s103(1)(a), as being relevant to propensity, the question the jury had to concentrate on was whether the defendant had propensity to commit offences of the kind alleged at the time of the alleged instant offence. There was, however, no justification for saying, as a matter of law, that the jury was not entitled to determine propensity at the time of the alleged instant offence, by considering offences committed afterwards. Whether or not the later offences helped in determining propensity was quintessentially a matter for the jury.

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