Commonwealth Numbered Regulations

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SUMMARY AUTHORITY RULES (SLI NO 248 OF 2009) - RULE 59

Character evidence

         (1)   Evidence of the good character of the accused person is admissible in summary authority proceedings.

         (2)   Evidence of the bad character of the accused person is admissible in summary authority proceedings if the evidence:

                (a)    satisfies rule 60; or

               (b)    is relevant to the consideration of the punishment of the accused person.

         (3)   Evidence of a prior conviction of the accused person is admissible in summary authority proceedings if the evidence:

                (a)    satisfies rule 60; or

               (b)    is relevant to the consideration of the punishment of the accused person.

         (4)   Evidence of the bad character of the accused person, or of a prior conviction of the accused person, is not admissible in summary authority proceedings in any other circumstances.

Example

If:

(a)      an accused person is charged with the offence of making a false answer to a question on enlistment (section 57 of the Act); and

(b)      the answer given was that the accused had no prior convictions;

it would be a necessary part of the prosecution case to prove the prior convictions in order to show the answer was false.



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