Cases for Evidence Problem Question Flashcards
DPP v DR
Sister in Law Case - “as reasonably possible”
CB v DPP
20 years for first compaint. Waited for mother to die. First reasonable opportunity
R v Valentine
Doesn’t have to be the first opportunity, just the first reasonable opportunity
DPP v Gavin
Consistency- Complaint inconsistent with evidence. Shouldn’t have been admitted.
DPP v AC
Just not positively inconsistent with evidence
R v James
Didn’t establish that intercourse was with the accused, or that it had been non-consensual. could be used with Reid
DPP v PK
Recent complaints can’t amount to corroboration. Only amounts to credibility
S.7 Criminal Law (rape) (Amendment) Act 1990
Discretionary warning for sex offence complainants
DPP v Roger Ryan
If defence don’t press for warning - can’t use it in the appeal
When may a warning be appropriate?
A warning may be appropriate where the complainant has modified their evidence to accord forensics. It’s uncorroborated and there is a significant delay. Serious grounds for concern about credibility
JB v DPP
Delay warnings
R v Baskerville
Independent evidence
+ Tending to implicate the accused + Corroboratve evidence shpuld be credible
R v Zielinski
Evidence from the victim’s son regarding her distressed condition a few minutes after the appellant left, was held to constitute corroborative evidence
R v Redpath
Facts:
Moments after an alleged rape, the child victim was seen to be in a very distressed condition
Witness was independent and the complainant was unaware she was being observed
Held:
Requirement of independence satisfied
AG v McGrath
Toy Bird Case: The evidence of the mother and sister regarding the possession by the complainant of the toy bird was material corroborative evidence to support the unsworn testimony of the complainant implicating the accused
