intends to give such evidence. This exception is couched in the defence of justification which was accepted in Goody V Odhams Press Ltd and Joseph Din V African Newspapers Ltd[9].
Character Evidence in CRIMINAL CASES:
Good character: Section 81; In criminal proceedings, evidence of the fact that a defendant is of GOOD CHARACTER admissible-Haruna V Police[10]. Such evidence of good character may be given by the accused, his witnesses, (extracted from) the prosecution witness…
Such evidence of good character can be rebutted by the prosecution especially where such rebutting evidence is clear and compelling. E.g. Camera catches a pastor stealing from a shop[11]. See also R V Vye, R V Aziz, R V Cain.
Bad character: Section 82 (1) generally, evidence of the fact that a defendant is of bad character is inadmissible[12] in criminal proceeding. EXCEPT: (a) when the bad character of the defendant is a fact in issue[13]; or (b) when the defendant has given evidence of his good character[14].
Examples of when bad character is a fact in issue can be found in Section 249 and 250 CCode (concerning rogues, vagabonds and prostitution). See also Section 405(2) of the PCode which requires (in a charge for being an incorrigible vagabond) the prosecution to show that the accused had previously been convicted for being a vagabond. See also The doctrine of recent possession contained in Section 427 of the CCode Section 167 EA which requires that in an offence for receiving stolen property, the prosecution should show that within 12 months, a previously stolen property has been found in the accused’s possession… or within 5 years preceding the charge, he has been convicted for an offence involving fraud and dishonesty.
::The third exception Section 82 (4): Whenever evidence of