Question
Charlie is charged with defrauding his employer by manipulating and inflating invoices for contracts with trade suppliers. His co-accused is Barney, who works under Charlie's
Charlie is charged with defrauding his employer by manipulating and inflating invoices for contracts with trade suppliers. His co-accused is Barney, who works under Charlie's supervision. Charlie has no prior dishonesty offences although he did have several convictions over fifteen years ago that involved violence. Barney has no criminal record. Charlie does not intend to raise character in his defence. However, Barney wants to raise Charlie's past record and tendency towards violence to show he acted under Charlie's orders. He says he was afraid Charlie would "destroy" him if he did not comply. In answer to a question by the prosecution about the robbery, Charlie says "I'm not the sort of bloke who goes around making trouble."
Address the following:
a) Would Barney be able to cross-examine Charlie about his record and propensity for violence?
b) Could the prosecution also raise Charlie's character?
c) To what matters should the trial judge have regard when considering the raising of Charlie's character by the other parties?
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