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Court of Criminal Appeal refuses leave to appeal to the Supreme Court on a point of law of exceptional public importance concerning the admission of evidence of previous convictions of the deceased to show that he had a proclivity for violence, finding the applicant’s shield was not dropped and thus the question raised is hypothetical and not the applicant's to argue.
Denham CJ (nem diss): Criminal law – leave to appeal to Supreme Court – s. 29 of the Courts of Justice Act, 1924 – point of law of exceptional public importance – whether in the course of a trial, and if an accused person is seeking to introduce previous convictions of a person whose previous convictions are relevant to an issue in the case, you drop your shield as a result of s. 33 of the Criminal Procedure Act, 2010 – s. 59 of the Criminal Justice Act, 2007 and s. 31 of the Criminal Procedure Act, 2010 – whether trial judge erred in law or in a mixed question of law and fact in failing to afford the applicant the opportunity to adduce the previous convictions of the deceased to show that he had a proclivity for violence – whether the applicant should drop his shield – appeal to leave refused.
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