[2011] NICA 56

A conviction for attempted murder was unsafe because, where evidence of the defendant's previous convictions had been admitted under the Criminal Justice (Evidence) (Northern Ireland) Order 2004 art.6(1)(f) so as to correct a false impression purportedly given by the defendant, the judge did not carry out a balancing exercise to weigh the prejudicial effect of the bad character evidence against its relevance and importance, and failed to give the jury an adequate direction that it related only to the issue of false impression and could not be evidence of propensity to carry out an assault with murderous intent.

CA (NI) (Morgan LCJ, Higgins LJ, Girvan LJ)

23/09/2011