Where bad character evidence is before the jury, particularly in juxtaposition with a direction on the use of good character evidence on the question of guilt, the trial judge must direct the jury that bad character evidence may only be used to assess credibility and not as propensity evidence going to guilt. The principle in Melbourne v The Queen that a trial judge has a discretion whether to direct on good character does not extend to bad character evidence. For evidence of character to be 'adduced' within the meaning of s 110 of the Evidence Act 1995, there must be a conscious decision to raise the issue; inadvertent disclosure does not constitute adducing.
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