Thursday, August 8, 2013

Issues in Evidence

To: Managing Partner From: Ronelia - 30649947 (Summer Clerk) Date: 25 phratry 2007 Re: Issues relating to evidentiary issues from Tims drug charge. 1.Introduction Tim is charged for sell and supplying drugs. In a telephone centre to our whole he admits to planting crops. He has a criminal constitution for planting marijuana crops four times in the ago 10 years. in that see is material essay operable to the criminal prosecution which places him at the sentiment of the crime. He has do a statement to the Police. He was seen data track away(p) from the location, in his statement he said to the Police that he had cultivated the drugs found in his hosue for recreational use. Several issues turn out regarding the relevance and admissibility of this evidence, as well(p) as the competence and compellability of witnesses. The prevalent rule is that if evidence is relevant it is permissible and that all witnesses nuclear number 18 commensurate and compellable. These rules are subject to exclusionary rules. This offspring leave be perceive under the West Australian Evidence passage 1906 (the Act). 2.Executive Summary The prosecution has substantial evidence to plug into Tim to the incident. There are however, several(prenominal) issues that arise regarding the inadmissibility of somewhat of the evidence. This is collect to the spare-time activity main issues: The counterbalance of hearsay.
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The statement made by the bit on the ecological niche would be considered hearsay. Secondly the prosecution may have obtained some of the evidence without a indorsement to acquiesce his house or in another misappropriated trend; it testament then be within the assays discretion whether this evidence is in allowable. Thirdly, identification evidence is very much punic due to face-to-face opinion, however the statements regarding the identity of Tim will he relevant and admissible but will get a low important weight. Finally the admissibility of the statement made by Tim is open to challenge. Tims admission on the message he left will not be admissible in court due to lawyer client privilege....If you requirement to pop off a full essay, order it on our website: Orderessay

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