Evidence cases Flashcards
Hartkey v HMA
Special knowledge confessions are considered strong
Smith v Lees
must corroborate all crucial facts
Ralston v HMA
strong identification means no more strong corroboration
AC v HMA
course of conduct needs only 2 corroborated
Yates v HMA
Distress provides corroboration if witnessed - can be specific
P v HMA
Distress - only within 24 hours
Wilson v HMA
2
Distress - occasionally outside 24 hours,
behaviour in interval does not matter
MR v HMA
Moorov - definition
Howden v HMA
Howden doctrine meaning
S v HMA
Gap should be 3.5 years moorov
Ritchie v Morren
Prior misconduct allowed
Subramaniam v Prosecutor
Hearsay rule - evidence of what someone has said
Cadder v HMA
right to legal access
Brown v HMA
Confession inadmissible if unfairly obtained
HMA v Hawkins
must not be bullied into confession - test of fairness
Jamieson v Annan
Overheard between detained is allowed
HMA v Graham
Police undercover cannot be used
Cafferkey v HMA
If evdience is visible, no warrant
HMA v Bell
warrant must be signed and identify premises
Hepper v HMA
police can stumble over evidence
HMA v McGuigan
allowed to search without warrant if emergency
Fraser v HMA
Testufy fact not opinion
Davie v Magistrates of Edinburgh
witness cannot give decision
Hopes v HMA
Formal qual not needed, at least relevant experience
Jones v HMA
Police involved in investigation can be impartial