| 单词 | Good character |
| 释义 | 良好品格 Admirable disposition or qualities such as honesty and reliability. Good character evidence on the defendant may be relevant to the defendant’s credibility as a witness and to his/her propensity to commit the offence charged. At common law, the defendant can adduce evidence of his own good character. In the UK, once such evidence has been adduced, the trial judge should give a direction on the effect of such evidence of good character although there is no exact formula as to how such a direction is couched: R v Aziz [1995] 2 Cr App Rep 478. It is entirely up to the tribunal of facts to determine whether the defendant is in fact of good character and how such evidence may affect their evaluation of other evidence adduced. The Court of Final Appeal in Hong Kong decided that there was no need in Hong Kong to impose the Vye regime in Hong Kong: Tang Siu Man v HKSAR [1998] 1 HKLRD 350. Instead, the ultimate test is to see whether the summing-up is fair and balanced: Tang Siu Man v HKSAR, supra. See also Character of accused; Evidence of character. 值得讚賞的特性例如誠實及可靠。被告人的良好品格證據可與被告人作為證人的可信性、及他/她傾向觸犯被控罪行的可能性有關。在普通法下，被告人可援引證據、以證明其本身的品格良好。在英國，一旦已援引此等證據，主審法官應就該等良好品格證據的作用給予指示，但此等指示的表達方式則尚沒有既定準則：R v Aziz [1995] 2 Cr App Rep 478。就被告人是否事實上品格良好，及該證據如何可影響法官評核其他援引的證據而言，完全取決於審理事實的法庭的裁定。香港終審法院已判定無須在香港施行Vye制度：Tang Siu Man v HKSAR [1998] 1 HKLRD 350。取而代之的最終驗證是有關的總結詞是否公平及不偏不倚：Tang Siu Man v HKSAR, 見上文。另見 Character of accused; Evidence of character。 |
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