Evidence of Character is not admissible. Show in what circumstances is the contrary to this statement true. written by Johnson Yesaya

PRELIMINARY

Generally, evidence that the accused person is of bad character is inadmissible to prove a particular offence charged[1]. However in certain situations bad character of the accused may be admitted in evidence. Character is a combination of the peculiar qualities impressed by nature or by habit of the person which distinguish him from others; these constitute his real character. The qualities which he is supposed to possess constitute his estimated character or reputation[2].

According to section 57[3] character include both reputation and disposition. In sections 54[4] and 56[5]evidence may be given only of general reputation and general disposition and not of particular acts by which reputation or disposition were shown.

CHARACTER IN CIVIL CASES

Section 54(1)[6] provides that in civil cases evidence of a character of any part to the suit, to prove the probability or improbability of any conduct imputed is irrelevant. Two distinction must be drawn in respect of a character of a party namely, between the case when the character is in issue or not in issue, and when the cause in civil or criminal. But when general character is not in issue, but is tendered in support of some other issue, it is as, a general rule, excluded. So, in civil proceedings, evidence of character to prove conduct imputed is declared by the Act to be irrelevant (s. 52) [s. 54 T.E.A]. the two exceptions to this rule are that,

- where the character of a party appears from relevant facts e.g. where the character of a party is in issue (section 54(1) of TEA), and;

- where the character of a party affects the amount of damages Section 54(2) of the TEA).

Practical examples include defamation cases, petitions for damages for adultery, seduction etc. In the case of Scott v Sampson[7] the court held that the evidence which might be adduced in mitigation of damages for defamation must be confined to the plaintiff’s reputation and might not consist of rumours or testimony concerning specific acts. The court added that the evidence of reputation must relate to the segment (conduct) of the plaintiff’s life to which the defamation relates[8].

CHARACTER IN CRIMINAL CASES

Good character of accused. Section 55 of T.E.A provides that a fact that an accused person is of good character is relevant[9]. This principle impose a presumption that an accused person committed a crime in mistake without intention to do so. Character itself cannot stand alone as evidence to exonerate accused person, character evidence can not outweigh positive evidence in regard to guilty of a person. The fact that the accused is of good character is relevant in weighing the probabilities in a doubtful case, but it can be dispensed with in cases where the prosecution case has not been proved.

Bad character of accused. As a general rule the fact that the accused has bad character is irrelevant i.e. inadmissible. Evidence of bad character of the accused may be admissible:

- where evidence has been given that the accused is of good character (section 56 (1) of TEA)

- where the bad character of any person is itself a fact in issue (section 56(2) of the TEA)

When character itself is a fact in issue such evidence may be admitted under sections 9, 10,11,13 16 and 17of the Evidence Act.  The case of John Makindi v. R[10] is an example where evidence was admitted under Section 9 and 10 of the The Evidence Act showing previous and subsequent conduct. In the case, the accused was charged and convicted of the manslaughter of a boy caused by beating done by accused. The death of a boy caused by blood clotting which was a result of previous and subsequent beatings ,the evidence that an accused person had bad character of beating a victim was admitted as part of evidence which caused death of a deceased.

Bad character may be admitted for the purpose of showing state of mind of an accused. In this case intention, knowledge, good faith, ill-will, rashness are relevant when the existence of any such state of mind, body or feeling is in issue or relevant. In the case of Mohamed Saeed Akrabi v. R[11]the accused was charged with the use of criminal force with intent to outrage modesty in respect of two boys. Evidence that on previous occasions the accused had committed similar acts in respect of other boys was admitted under Sections 16 & 17 to show the intention of the accused and to rebut the defence of accident or mistake.

CONCLUSION

In applying T.E.A, especially in matters concerning evidence of character, one need to approach it carefully because things are too confusing. In civil cases, character of a defendant is irrelevant or inadmissible unless character itself is fact in issue or when a character is to be used to determine damages in cases of defamation, seduction etc. In criminal cases, good character of an accused is admissible because it impose presumption that an accused person committed a crime in a mistake without having evil mind. Bad character of accused person in criminal cases is irrelevant unless character itself is a fact in issue.

REFERENCE

BOOKS

S. Mshana, (2008) Law of Evidence, Dar-es-salaam police academy, Dar Es Salaam

Abhinav Prakash, (2012), Law of Evidence, Universal Law Publishing Co. PVT. LTD, New Delhi

L. B Curzon, (2002), Dictionary of Law, 6th Ed, Pearson Education Limited, England

 

STATUTES

The Evidence Act [CAP 6 R.E 2002]

The Penal Code [CAP 16 R.E 2002]

 

CASES

Dr. Kakonge v Christine Bitabeiho, Civil Suit No. 755 of 1992 (HC) Uganda

Prof. Dr. Costa Rick Mahalu& Grace Martin v Republic, Criminal Case No 1 of 2007

Jonas Nkize v Republic (1992) TLR 213

John Makindi v Republic [ 1961]  EA

Scott v Sampson   (1882) 8 QBD 491

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[1]http://www.legalservicesindia.com/article/570/Role-of-Character-in-Evidence-Law.html

[2]https://legal-dictionary.thefreedictionary.com/Character

[3] The Evidence Act, Cap 6, R:E 2002

[4]Ibid

[5] Ibid

[6] Ibid

[7]  (1882) 8 QBD 491

[8]S.Mshana, Law of Evidence, Dar-es-salaam police academy, 2008

[9]Yowano Settumba v. R. [1957] EA 35.

[10]  (1961) EA 327

[11] (1956) 23 EACA 512