Evidence

Question 1

S34 Inference?

Answer 1

Failure to bring up a defence in police station which you bring up at trial

• fabriacted defence or dont think itll stand up under investigation

Question 2

S36 Inference?

Answer 2

Failt to account for substance, object or mark

• no reasonable explanatio for the mark that will stand up to questioning

Question 3

S37 Inference

Answer 3

Failure to account for presence

• no reasonable explanation for the presence that will stand up to questioning

Question 4

S35 Inference

Answer 4

Bring up a defence requiring evidence (alibi or self defence) + fail to give evidene in witness box

Question 5

Exception to s35 inference - failure to give evidence

Answer 5

Mentally incapable

Question 6

Special cautions?

Answer 6

• officer explain offence
• what fact should be accounted for
• officer thinks failure to account may be linked to commiting offence
• adverse inf may be drawn if fail to account

Question 7

Grounds to admit business doc

Answer 7

• made in course of business
• supplier of info had personal knowledge of info
• recieved info during business trade

Question 8

What type of hearsay evidence can be admitted from witness cannot attend

Answer 8

only firt hand hearsay admissable

Question 9

Admitting hearsay evidence from witness cannot attend

Answer 9

• dead
• mentally or physically unfit
• outside UK
• lost (reasonable steps to find)
• fear

Question 10

Two excpetions for admitting hearsay evidence?

Answer 10

1. res geste
2. confession

Question 11

Grounds to admitting hearsay evidence?

Answer 11

1. Statute (witness cannot attend or business doc)
2. excpetion to common law (res geste or confession)
3. interets of justice
4. by agreement

Question 12

Confession definiton

Answer 12

Statement wholly or partly adverse to statement maker

Question 13

What if defendnat makes a confession + also contains statement in favour of him?

Answer 13

Whole statement treated as admissable

Question 14

is co-accused implicating a defendant admissable?

Answer 14

Yes

Question 15

Gateways to adduce bad character evidence

Answer 15

1. Agreement
2. Confession
3. Important explanatory evidence
4. Propensity to commit same type of offence
5. Substantive Probative value
6. Correct false impression
7. Attack witness’ character

Question 16

which gateways require court permission to include bad character evidence

Answer 16

all except confession and agreement