Criminal Principles

Question 1

What are the ‘big 3’ grounds for P’s objections to bail for indictable offences (indictable only and either-way)?

Answer 1

1) D might fail to attend subsequent hearing
2) D might commit further offences on bail
3) D might interfere with witnesses or otherwise obstruct the course of justice

Question 2

VISUAL IDENTIFICATION

Turnbull guidelines?

ADVOKATE for when identification evidence should be examined closely

Answer 2

When the case against the accused depends wholly or substantially on the correctness of the visual identification

Amount of time: how long did the witness have the accused in view
Distance: between witness and accused
Visibility: good/ poor
Obstruction: to view of witness
Known or seen before: has witness ever seen accused before? If so, where and when?
Any reason to remember: did the witness have any special reason for remembering the accused?
Time lapse: between witness seeing accused and ID procedure being held
Error or material discrepancy: between first description given by witness and the actual appearance of the accused?

Question 3

Galbraith test for submitting ‘no case to answer’ (half time submission - end of P’s case and before D’s. Done in absence of jury)

Answer 3

The Prosecution has insufficient evidence (weak/ vague/ contradictory/ lacks integrity) for any reasonable court to properly convict. Prosecution must be given the opportunity to make representations

Question 4

CPIA test for disclosure

Answer 4

Prosecutor must disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused’

• Objective test
• Prosecution should also consider A-G’s Guidelines