People (Attorney General) v Havelin

• Jurisdiction: Ireland
• Judgment Date: 01 January 1952
• Date: 01 January 1952
• Court: Court of Criminal Appeal

C.C.A.

The People (Attorney General)

and

Havelin

Admissibility - Evidence of offence other than that being tried - Imputations against character of prosecution witness - Evidence of accused's bad character - When admissible -Criminal Justice (Evidence) Act, 1924 (No. 37 of1924), s. 1 (f) (ii).

H. appealed from his conviction in the Central Criminal Court on the ground inter alia that evidence tending to show the commission of an offence other than that with which he was charged was given to the jury. Held: 1. Evidence tending to show that an accused person is suspected by the Guards of an offence involving dishonesty other than the offence charged is inadmissible as irrelevant to the issues being tried by the jury except in special circumstances such as to prove mens rea.2. The accused by the conduct of his defence having attacked the character of a witness for the prosecution became liable to be cross-examined by Counsel for the prosecution as to his character in accordance with the provisions of s. 1 (f) (ii) of the Criminal Justice (Evidence) Act, 1924. This section, however, does not...