单词 | Character of complainant |
释义 | 原訴人的品格 1. The character of the complainant is relevant to the issues in a criminal trial if he is also a witness and his credibility is impeached. If there is any doubt as to the truth of the charge, the defence may seek to show that the complainant, in making complaint against the accused, has been influenced by unworthy motives: R v Roberts (1886) Wills, Circumstantial Evidence (7th Ed) 271. 2. The reputation of a plaintiff in an action for defamation. The character of the complainant is relevant in the mitigation of damages. The defendant may give evidence of the reputation of the plaintiff in order to impute that the plaintiff did not enjoy a high reputation before the alleged defamation: Scott v Sampson (1882) 8 QBD 491. See also Character of accused; Defamation; Evidence of character. 1. 刑事審訊中,如申訴人同時擔當證人而其可信性被質疑,其品格則與該審訊的爭論點有關。如控罪的真實性被質疑,辯方可尋求證明該申訴人對被告作出投訴時是受不恰當的動機影響:R v Roberts (1886) Wills, Circumstantial Evidence(第7版)第271頁。 2. 誹謗訴訟中,指原告人的聲譽。申訴人的品格與減低損害賠償有關,被告可就原告人的聲譽作供,從而指出該原告人在該指稱誹謗發生前並不享有良好聲譽:Scott v Sampson (1882) 8 QBD 491。另見 Character of accused; Defamation; Evidence of character。 |
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