excluding evidence

Question 1

Application for dismissal

Answer 1

Pre- trial application by D to CC judge to have charges dismissed .

• Sent to CC and after D is served with evidence

Test for dismissing= If there is no evidence, or it appears to the judge that the prosecution evidence against D (taken at its highest) would not be sufficient for him to be properly convicted (Galbraith test)

Question 1

Application for dismissal

Answer 1

Pre- trial application by D to CC judge to have charges dismissed .

• Sent to CC and after D is served with evidence

Test for dismissing= If there is no evidence, or it appears to the judge that the prosecution evidence against D (taken at its highest) would not be sufficient for him to be properly convicted (Galbraith test)

Question 2

Submission of no case to answer, when, test

Answer 2

In MC after prosecution presents all its evidence

Test= If there is no evidence, or it appears to the judge that the prosecution evidence against D (taken at its highest) would not be sufficient for him to properly be convicted.

Question 2

Submission of no case to answer, when, test

Answer 2

In MC after prosecution presents all its evidence

Test= If there is no evidence, or it appears to the judge that the prosecution evidence against D (taken at its highest) would not be sufficient for him to properly be convicted.

Question 3

Abuse of process application

Answer 3

D can apply to stay proceedings if there is an abuse of power process where either:

1. D cannot have a fair trail
2. Continuing the prosecution offends the courts sense of justice and proprietary or would undermine public confidence in the criminal justice system (irrespective of whether the trial was fait.

This is not a not guilty verdict

Question 3

Abuse of process application

Answer 3

D can apply to stay proceedings if there is an abuse of power process where either:

1. D cannot have a fair trail
2. Continuing the prosecution offends the courts sense of justice and proprietary or would undermine public confidence in the criminal justice system (irrespective of whether the trial was fait.

This is not a not guilty verdict

Question 4

s 76

Answer 4

The exclusion of a confession where there is oppression or something is said or done which renders it unreliable

Question 5

S78

Answer 5

The exclusion of evidence if it would have such an adverse effect on the fairness of proceedings that the court ought not to admit it