4.20.1 - Charge: Other Forms of Other Misconduct Evidence

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When to Use This Charge

This charge may be given if 'other misconduct evidence within the meaning of s26 of the Jury Directions Act 2015 is led and the evidence is not tendency evidence or coincidence evidence.

A short direction based on this charge should be given at the time the evidence is led.

Alternative Charges

If 'other misconduct evidence' in the form of tendency evidence is led, and that evidence does not demonstrate that the accused had an improper sexual interest in the complainant, use Charge: Tendency Evidence (General Charge).

If evidence that the accused had an improper sexual interest in the complainant (a "guilty passion") has been admitted as tendency evidence, use Charge: Tendency Evidence (Sexual Interest).

If 'other misconduct evidence' in the form of coincidence evidence is led, use Charge: Coincidence Evidence.

 

Use of Other Misconduct Evidence

Members of the jury, the prosecution has led evidence that [list all relevant other misconduct evidence]. This evidence is not directly related to [the offence charged / any of the offences charged].

The prosecution says that this evidence is relevant because it shows [explain the relevance of the evidence. Examples of relevant purposes include:

You must keep this evidence in perspective. It is only one part of the prosecution’s case.[1] As I have told you, you must not decide the case on the basis of feelings of sympathy or prejudice because of what you learn about the accused. The evidence has been led for the limited purpose of showing that [describe relevant purpose]. You must not use the evidence for any other purpose.

Notes

[1] If the other misconduct evidence is the whole of the prosecution case, then this sentence should be omitted.

Last updated: 29 June 2015

See Also

4.20 - Other forms of other misconduct evidence

4.20.2 - Charge: Other forms of Other Misconduct Evidence (Evidence about a co-accused)