An accused does not raise good character under ss 110 and 112 of the Evidence Act 1995 (NSW) merely by giving truthful and responsive answers to the Crown's own questions in cross-examination; the raising of good character requires a conscious and deliberate decision by the accused. Where a trial judge has excluded highly prejudicial evidence as tendency evidence, admitting substantially the same evidence on the basis that the accused raised good character through answers elicited by the Crown's own questions will constitute a miscarriage of justice.
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