Character & Oral Evidence — KSLU Bsa Notes

Character & Oral Evidence

Character evidence is admitted sparingly. In civil cases, the fact that a person’s character is such as to make probable or improbable any conduct imputed to him is generally irrelevant (except where character itself is in issue, or as to damages). In criminal cases, the accused’s good character is relevant (S.49) and may tilt a doubtful case, while his bad character is generally irrelevant (S.50) unless he gives evidence of good character or bad character is itself a fact in issue. A complainant’s character is tightly restricted — notably, in prosecutions for sexual offences, evidence of the victim’s “immoral character” or prior sexual experience is barred to suggest consent.

Oral evidence (S.54, ← IEA S.59) may prove all facts except the contents of documents and electronic records, and it must be direct (S.55, ← IEA S.60) — the witness must have perceived the fact himself (seen, heard, or sensed it). This excludes hearsay; an exception is made for an expert’s published treatise.