Sufficeny and corroboration Flashcards
What is the name for and what are the crucial facts of a case?
facta probanda
- Identification
- Actus Reus
- Mens Rea
Which old case shows the need to establish all the crucial facts?
Lockwood v Walker
Which case confirms that circumstantial evidence can be sufficient for corroboration?
Fox v HMA - it is about the sufficiency of evidence in its entirety not its individual value.
Which case confirmed that video evidence can be used as corroborative evidence?
Gubinas
Which case states that if there is one emphatic positive ID there need only be a vague matching description to back it up?
Ralston
Which case states that blood evidence can provide strong ID evidence? Need only be supplemented with weak evidence?
Laing
Which case states that despite confessions being strong evidence they do still need ‘sufficient independent check’?
Meredith v Lees
What is the authority for special knowledge confession?
Manuel v HMA
Which case states that it does not matter if the police already had the knowledge and which case states that it does not matter if the public already knew the knowledge?
Wilson v McAughey and Wilson
What is the authority on distress corroboration? and what does its say are its limits?
Smith v Lees - Can only corroborate lack of consent not the details of speicifc attacks.
Which case tells us that distress must be witnessed not read in a diary?
Walker v HMA
Which case states that distress corroboration is less time limited than in the past?
Wilson v HMA
How must Moorov case be charged?
They must be live and charged together.
What is the modern authority on Moorov?
MR v HMA
What similarity requirements did this case set out?
Must be similar in TIME, PLACE AND CIRCUMSTANCE.
Which case limits the gap in time to 3.5 years?
Russell
Which modern case confirms that time is less strictly applied if there are compelling similarities?
JL v HMA
What did MR say about types of crimes corroborating others in Moorov?
Less serious crimes CAN corroborate more serious ones so long as they illustrate a course of conduct.
What is the Howden doctrine?
If it can be proved beyond reasonable doubt that two or more offences were committed by the same person then lack of positive identification on one of the charges was not an impediment to conviction. So long as there is corroboration of the accused on one of the incidents.
What factors might fall under circumstances in Moorov cases?
Relationship to accused (boss, teacher), age of the victims, sex of the victims etc
Which case of distress evidence shows that if you exhibit normal behaviour in the time between your disclosure it will not be accepted?
Moore
