The appellant appealed his conviction for pointing a firearm without lawful excuse.
At trial, the appellant testified that he was a drug dealer and an active participant in a 'gangster' lifestyle.
The trial judge gave a limiting instruction regarding the appellant's criminal record but failed to provide any instruction on how the jury was entitled to deal with the bad character evidence.
The Court of Appeal held that the complete absence of instructions on the issue of bad character evidence constituted reversible error, as there was a real risk the jury could infer guilt based on character.
The appeal was allowed, the conviction set aside, and a new trial ordered.
