Section 666 of the Criminal Code provides as follows:
Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of a previous conviction(s) of the accused for any offences, including any previous conviction by reason of which a greater punishment may be imposed.
This section permits the Crown to lead evidence of the accused’s criminal record because the accused has placed his “good” character in issue. Evidence of good character also includes evidence related to personal attributes of the accused raised in the cross- examination of a Crown witness. Evidence of good character is generally defined as any favourable or positive expression of the accused’s reputation in the community. Section 666 of the Code only permits evidence of previous convictions. It does not extend to previous misconduct that did not result in convictions. It is only when the accused raises the broader issue of good character that the Crown is permitted to go beyond previous convictions to present evidence of general bad character.
Evidence of good character requires that the trial Judge instruct the jury that the character evidence may be used to show that the accused is not the type of person likely to have committed the offence charged.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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