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
