Questions we Can Help you to Answer
Paper Instructions:
Instructing solicitors act for Jason Long who has been charged with the murder of Michael Short, in Middletown, on Saturday, 10th January of this year. Short’s body was found on Ash Street, off High Road, near the football stadium, by the attending paramedics. The post mortem on his body revealed that the likely cause of death was a stab wound to the victim’s leg and the resultant loss of blood. There were also signs of bruising and other bodily injury consistent with repeated blows by hands and booted feet. It is thought that the time of death was approximately 4.30pm. Our client has 2 previous convictions: one for assault occasioning actual bodily harm (s47 Offences Against the Person Act 1861) from 12 years previously, and the other for harassment, under s4 of the Protection from Harassment Act 1997, from 3 years ago. This conviction related to threats of violence made to a Middletown United football supporter, and Long was sentenced to 6 months imprisonment for this conviction. Since being released from prison at the end of his sentence for harassment, our client has been working for a charity involved in renovating furniture for previously homeless people who have been provided with accommodation. He has also set up a support group for ex-prisoners, which has had a positive impact on re-offending rates in the local area.The prosecution allege that our client became involved in a fight between Middletown United football fans and supporters of Toptown FC, following the ‘local derby’ football match, which took place on the afternoon of the 10th January this year. The fight mainly took place on High Street, but CCTV footage shows a man, who resembles our client, and a person later identified as the victim, leave the group of fighting fans and enter Ash Street. Approximately 5 minutes later, the same CCTV camera shows the first man (alleged to be our client) leaving Ash Street and running away in the direction of the town centre. There is no CCTV camera covering Ash Street. Our client was arrested at his home at 7pm on the evening of the 10th January. He denied involvement in the offence and stated to the police officers who arrested him that he had been at home all day. He also stated that he thought the police had only arrested him because he was known to them as a Toptown FC football supporter, and he also said that all Middletown supporters were ‘scum’. The prosecution wish to adduce the previous convictions to support their case. Your client, Long, maintains that he is of good character, citing his charity work and support group as evidence of this.
Your task
You are the barrister instructed to represent the accused.
You are asked by the instructing solicitor whether it is possible to contest the admissibility of the previous convictions. To do this you need to identify relevant issues relating to the character evidence from the information provided and apply appropriate legal and evidential principles in order to establish whether this evidence will be admissible at the forthcoming trial, or whether it can be ruled inadmissible. Further, you are asked to comment on the appropriate warnings or directions that must be given to the jury on good and bad character if the evidence is admitted, and why these must be given.
