Top Rape Defence Barrister

Once a judge had decided that a defendant should be treated as being of good character, the judge was required as a matter of law to give the full good character direction and there was no room for a jury to disagree as to the propriety of using the defendant’s good character in his favour.

A judge had been correct to admit a defendant’s previous convictions as bad character under the Criminal Justice Act 2003 s.101(1)(d), despite their being over 30 years old, since they had relevant factual similarities to the offence charged and were of sufficient probative force.