Bad Character Evidence

Evidence of bad character may not be used to demonstrate guilt in a criminal proceeding. If an accused is to be found guilty it must be on the specific evidence put forth and not on the basis that the accused is wicked and therefore guilty.

The failure to give a limiting instruction to a jury where evidence of bad character is adduced is an error that can lead to a new trial.

Today's decision in R. v. Bryan, 2008 ONCA 301 makes the point saying:

"The law is clear that where evidence of bad character is put before the jury, limiting instructions are required to avoid jury misuse."