Law of evidence

Download .pdf, .docx, .epub, .txt
Did you like this example?

Law of evidence – scenario based The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Tactical considerations for both the prosecution and the defence will dictate the outcome of a number of the evidentiary and procedural issues highlighted here. The following analysis regarding the quality of Wendy’s eye witness description and subsequent video identification assumes that the police complied with all of the necessary provisions of the Police and Criminal Evidence Act[1] in the securing of the identification evidence (including any identification parade).[2] The discrepancies between Wendy’s initial description and the video identification of Mark as the perpetrator go to weight and not the admissibility of this evidence. The circumstances of the identification, involving Wendy’s participation in the frightening events in which she made her initial observation warrant an appropriate jury direction. The evidence of Timmy is corroborative of Wendy’s position concerning the unfolding of the occurrence, the number of participants, and the perpetrator‘s skin colour. This evidence also requires weight considerations due to the limitations of this witness. The eyewitness evidence is generally subject to a Turnbull[3] styled direction regarding its potential frailties. The direction must deal with the circumstances in which the identification was made and any weaknesses in the identification. The direction must identify the evidence that the trial judge determines as capable of supporting the identification; the judge should give a general warning, even in cases of recognition, of the dangers in convicting on identification evidence[4]. The extent (and potential forcefulness) of the jury warning must also be considered in light of the evidence of Sonya and Nigel as noted below. As in Keane, there is no formula or catechism for the Turnbull warning.[5] However, while a failure to observe the Turnbull guidelines here might not automatically serve to quash a conviction, such a result is very likely.[6] It must be also noted that a prima facie case of murder and aggravated burglary might be established by the prosecution as against Mark on the evidence of Wendy and Timmy alone. The evidence of Sonya regarding Mark is potentially powerful corroborative ‘consciousness of guilt’ evidence; without an explanation from Mark (he is not legally obligated to provide one), the burning of clothing coupled with the eyewitness evidence, even with its uncertainties, would be compelling. Sonja’ witness status is discussed below.[7] The scenario provides that Mark’s defence will be one of alibi. If the evidence of Wendy is presented in a poor or uncertain fashion, given that Timmy cannot positively identify the perpetrators and entirely corroborate Wendy’ evidence, Mark may decide that he shall not testify and expose himself to cross examination.[8] His alibi is very weak, given that the corroborating prostitute is not available. Conversely, there is no evidence to suggest that the alibi is fabricated so as to be tendered as part of the prosecution case in chief.[9] Assuming that Mark testifies as to his alibi,

Do you want to see the Full Version?

View full version

Having doubts about how to write your paper correctly?

Our editors will help you fix any mistakes and get an A+!

Get started
Leave your email and we will send a sample to you.
Thank you!

We will send an essay sample to you in 24 Hours. If you need help faster you can always use our custom writing service.

Get help with my paper
Sorry, but copying text is forbidden on this website. You can leave an email and we will send it to you.