15. Character Evidence
Bad character, non-defendant and defendant gateways, exclusion, proof, directions and good character.
How to study for BSB Criminal Litigation
Prepare for a closed-book assessment by linking every power, gateway, burden, procedure and appellate route to its place in the criminal case.
Core concepts
Concept 1
Bad character is evidence of misconduct other than evidence directly connected with the alleged offence or its investigation or prosecution as defined by the statute.
Exam cue: Classify the evidence as defendant, non-defendant or outside the statutory definition before selecting a gateway.
Concept 2
Non-defendant bad character uses the section 100 gateways; defendant bad character uses the section 101 gateways and associated exclusion powers.
Exam cue: State the matter in issue and explain the probative chain rather than relying on moral prejudice.
Concept 3
The court must also address proof, notice, propensity and credibility reasoning, and any appropriate bad- or good-character direction.
Exam cue: Check notice and exclusion powers even after a gateway appears available.
Risk pitfalls and guardrails
Treating every prior allegation or acquittal as automatically admissible bad character.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Using a defendant gateway for a prosecution witness or co-accused without analysis.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Assuming one conviction always proves propensity or that good character guarantees an acquittal.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Memory anchors
Bad character
Evidence of misconduct subject to the statutory exclusions for the alleged facts and their investigation or prosecution.
Non-defendant gateway
Use section 100 and identify substantial explanatory or probative value.
Defendant gateway
Use one of the section 101 routes and check statutory exclusion powers.
Propensity
Explain why the history bears on a real issue; do not reason from general prejudice.
Character directions
Guide the tribunal on the permitted use and limits of admitted bad or good character.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
Evidence shows the defendant committed the very assault charged. Is that evidence 'bad character' merely because assault is misconduct?
A prior conviction is offered to show propensity. What preliminary classification is required?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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