Alibi / Consent Flashcards
Alibi
Section 22 CA61
1) If the defendant intends to adduce evidence in support of an alibi, the defendant must give written notice to thee prosecutor of the particulars of the alibi
2) The notice given must be 10 working days after the defendant is given notice
Written notice
Defendant must provide the prosecutor with the particulars of any alibi witness they intend to use in court. Must be given 10 working days after the defendant has given notice.
Expert evidence
Defendant must provided;
Any Brief of evidence
Summary of the evidence to be given
Information to be disclosed at least 10 working days before the date fixed for the trail
Consent
Must be understood and given voluntarily
R v Cox
Consent must be full voluntary free and informed and given by a person in a position to form a rational judgment