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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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