Under s 110 of the Evidence Act 2008 (Vic), an accused is entitled to adduce evidence of good character 'in a particular respect', including opinion evidence about the accused's attitude and behaviour towards a particular class of persons. The common law restriction confining character evidence to general reputation no longer applies. In sexual offence cases, evidence that the accused has been observed to behave respectfully towards women (including when affected by alcohol) is admissible character evidence in a particular respect and is not equivalent to general evidence of trustworthiness. Where such evidence is erroneously excluded and the defence case is otherwise thin, the error may occasion a substantial miscarriage of justice. The statutory presumption in favour of admitting recorded evidence at retrial may be displaced where the cross-examination at the first trial was deficient.
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