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

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 murdering a close friend, it does not cross the threshold contemplated

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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