Turnbull, Burdens, Excluding Confessions

Question 1

When does D have legal burden (QoF)

Answer 1

Diminished Responsibility
Insanity

Question 2

When does D have evidential burden (QoL)

Answer 2

Self Defence
Duress
Alibi
s76 confessions
Loss of Control

Question 3

When is Turnbull Relevant

Answer 3

1. D disputes ID evidence (i.e. presence at scene - not reelvant if D admits to being there but disputes participating)
2. Case ‘wholly or substantially’ relies on ID evidence

Question 4

When should judge give turnbull direction?

Answer 4

Arises: disputed ID evidence (e.g. presence at scene) and wholly or substantially relies on evidence.

if Good quality ID: give direction
if poor quality but other evidence: give direction
if poor quality and no other evidence: aquit

Question 5

What is a Turnbull Direction?

Answer 5

1. Cautious of ID evidence
2. Identify evidence supporting ID (science, IDs, bad character, adverse inferences, confessions)
3. Identify weaknesses of evidence
4. Identify evidence not supporitng ID evidence / undermining it

Question 6

Jury selection

Answer 6

12 people selected from 16 people randomly.

D can object to any juror

Question 7

When can a majority verdict be given

Answer 7

2 hours 10 min

Question 8

When should an application to exclude confession evidence be made?

Answer 8

Mags
- 10 business days before trial
- P responds within 5 business days
- dealt with pretrial (unless under s78 only in which case after all evidence has been heard)

CC
- D must raise in defence statement
- voir dire morning of trial