Expert Flashcards
If the Defendant intends to call an expert witness during proceedings, what must they disclose to the Prosecution?
Any brief of evidence to be given or any report provided by that witness, or
If that brief or any such report is not available, a summary of the evidence to be given and the conclusions of any report to be provided.
This information must be disclosed at least 14 days before the date fixed for the defendants hearing or trial, or within any further time that the court may allow (s23(1))
What is case law cox 💼💼 talking about in relation to consent?
Consent must be full,
voluntarily,
free and
informed,
freely and voluntarily
given by a person in a position to form a rational judgement.
Provide three guidelines in respect of consent regarding assault? 🏥💀🩸
• Everyone has a right to consent to a surgical operation.
• No one has a right to consent to their death or injury likely to cause death.
• Everyone has a right to consent to the infliction of force not involving bodily harm.
You cannot use the defence of consent to assault in the following cases
• Aiding suicide
• Injury likely to cause death
• Bodily harm likely to cause a breach of the peace
• Criminal actions
• Indecency offences
• The placing of someone in a situation where they are at risk of death or bodily harm.
Rohan and Koichi are hanging out at a service station. Rohan pulls out a shotgun and puts it in the mouth of Koichi and says “I’m going to blow your brains out all over these gosh darn walls if you don’t stand guard by the road while I rob this store, you utter slime” Koichi then stands guard by the road while Rohan robs the service station for all of its shekels. Thinking about compulsion, Koichi can:
a) Claim that he acted in self-defence by being the lookout, as Rohan had threatened to kill him if he did not.
b) Use the defence of compulsion as he was threatened by Rohan with death if he did not act as the lookout
c) Not use the defence of compulsion as Rohan cannot be considered to be present due to being inside the store when the offence was committed.
(c)
