Respects of Character

The uniform evidence legislation, unlike the common law, allows the accused to claim a good char-acter in a ‘particular respect’ and, if that is done, limits the Crown to rebuttal evidence relating to the ‘particular respect’. The varieties of good character evidence that may be given were already enormous, and this ‘particular respect’ idea multiplies the combinations even further by allowing, for example, not merely the accused’s lack of criminal convictions as a whole to be proved, but also his lack of convictions in any selected field. But what is a ‘respect of character’? There is no help at all in the legislation. This article will show that the problem can however be solved by reference to the already established principle that the accused cannot raise character except intentionally. It is therefore the accused’s delineation of the ‘respect’, properly understood, that defines it.Greg Taylo