SGS 5 Flashcards

1
Q

Can the spouse of a defendant be compelled to give evidence for their spouse’ co-defendant?

A

They will be competent (s.53(1) YJCEA)

Cannot be compelled unless one of the s.80(3) exceptions applies under PACE, s.80(2A)(a).

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2
Q

What is the main difference between the defence challenging confession evidence under s.76(2) vs s.78?

A

s. 76(2) need for a causal link: if made out, prosecution must prove BRD that s.76(2) does not apply. If they do not court MUST exclude the confession.
s. 78, entirely at judge’s discretion.

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3
Q

What are the three items to consider under s.78?

A

Was there an unlawful interview? (COP C 11.1A, 11.1, 10.1, 11.2, 11.7)

unlawful arrest? (s.28)

R v Walsh: breaches must be substantial and significant to trigger s.78.

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4
Q

What must you discuss before the conclusion of a confession evidence discussion?

A

The procedure (voir dire).

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5
Q

For the exam, what will the important matter in issue between the prosecution and defence be in the context of bad character evidence?

A

Whether the defendant has a propensity to commit offences of the kind with which he is charged.

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6
Q

What are the offences of the same category?

A

Theft Act offences (robbery, burglary, theft)

Sexual offences against persons under 18.

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7
Q

What are the main points under R v Hanson?

A

propensity’ not limited to categories or types of convictions.

A single conviction does not necessarily show a propensity unless it has significant features shared by the offence charged showing a modus operandi.

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8
Q

What is the step for bad character evidence after a Hanson discussion?

A

Safeguards under s.101(3) and 101(3)
adverse effect on fairness? (i.e. so similar that jury places undue weight on it?)
length of time?

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9
Q

When do Turnbull guidelines apply?

A

Where the prosecution case depends wholly or substantially on the correctness of the ID evidence and that evidence is disputed.

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10
Q

What are the options open to the judge after completing an ADVOKATE anaylsis?

A

poor and unsupported - withdraw case from jury and ACQUIT.

poor but supported - allow ID evidence but with special warning.

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11
Q

Turnbull warning elements?

A

Need for warning (honest mistaken witness)

Examine circumstances in which ID was made.

Remind jury of specific weaknesses.

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12
Q

ID evidence structure?

A

Do guidelines apply?

Assess strength by applying ADVOKATE

Conclude on overall strength

Explain options available to judge

Choose option

Explain elements of warning.

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13
Q

Beginning of a bad character Q?

A

Bad character is not admissible unless through one of the gateways under s.101 CJA 2003.
Definition of BC includes previous convictions.

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