Part 7 - Aspects of Evidence Law Flashcards
(3 cards)
Lawrie v Muir
Farm milk bottles.
Evidence, though given in good faith, was obtained improperly so should be excluded.
Was 7 bench decision. At the time it was a statutory offence to use milk bottles from another farm. The was a milk marketing board which Lawrie was not a part of. They showed up at her property anyway, searched it and found she was using milk bottles from another farm. As she was not a member they had no right to search her property so evidence was thrown out and she was acquitted.
HM Advocate v Chalmers
16-yr old murderer.
A voluntary statement is one which is given freely and without pressure or inducement and not elicited by cross-examination.
16-year-old was informally questioned by police over murder. Later the police believed he was guilty. He confessed to murder, saying “he struck me”. Appealed evidence was inadmissible as he was suffering distress.
Davie v Edinburgh Magistrates
Sewer, explosives, house cracks.
Experts role it to provide information on matters outwith normal experience.
A sewer was built using explosives. Pursuer argued it caused cracks in his house and had to prove causation. Pursuer did not produce expert evidence and the defence produced 3. However, they all slightly disagreed with each other. Judge said he didn’t rely on any of them and on the balance of probabilities, found in the pursuers favour. Defender appealed which was unsuccessful as it is not the job of expert witnesses to be the fact finders so evidence they provide can be overlooked.
