Evidence law assignment

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Max is on trial for shoplifting from a store. He was caught outside the store with the unpaid item in
his shopping cart. During his case in chief Max testified that he had merely forgotten the item was
on lower shelf of his shopping cart and he had inadvertently neglected to pay for it. During cross
examination by the prosecutor, Max was asked whether he was arrested three years ago because
he had written a “bounced” cheque at the same store. Defence counsel objected saying that the
charge had been dismissed.
How should the judge decide on the admissibility of the evidence? Discuss.

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