SGS 5 Evidence

Question 1

R v Walsh

Answer 1

There have to be significant and substantial breaches of PACE for s.78 to be triggered.

Question 2

Voir dire

Answer 2

An investigation into the truth or admissibility of evidence, held during a trial.

Question 3

R v Turnbull

Answer 3

Strength/Weakness of ID evidence.

ADVOKATE

A - Amount of time under observation
D - Distance 
V - Visibility
O - Obstruction
K - Known or seen before
A - Any reason to remember 
T - Time lapse
E - Error or material discrepancy

Question 4

What is a Turnbull warning?

Answer 4

The judge should warn the jury of the special need for caution before convicting the accused in reliance on the correctness of the identification, where:

• The prosecution’s case rests wholly or substantially on the ID evidence
• The defence alleges the identification to be mistaken

Question 5

R v Hanson

Answer 5

When determining propensity to commit offences:

• There is no minimum number of events needed to show propensity but the fewer the convictions the weaker the evidence.
• A single previous conviction will probably not show propensity unless it is unusual in its circumstances.
• ‘Propensity’ is not limited to categories or types of convictions. Thus, an earlier conviction for common assault in respect of a defendant currently charged with an allegation of threatening behaviour, is potentially evidence of a ‘propensity to commit violence’.