Posted: February 27th, 2015

Law of Evidence

Paper, Order, or Assignment Requirements

 

 

Carlota is charged with the robbery of Rachel and the manslaughter of Zoe. It is the prosecution case that Carlota approached Rachel, after Rachel had withdrawn money from a cash machine outside a bank. Carlota is alleged to have demanded money from Rachel and when Rachel refused to give her any, Carlota hit Rachel. Carlota is then said to have taken Rachel’s handbag and ran away. Rachel then called the police on her mobile phone which was in her coat pocket.

When the police arrived, Rachel described her attacker has having an uncanny resemblance to Jennifer Aniston (a famous film actress). She sat with a police sketch artist and made a photo-fit drawing of her attacker. Carlota was subsequently arrested by the police and Rachel made a positive identification at an identification parade. Carlota does, in fact, bear an uncanny resemblance to Jennifer Aniston. Rachel gave a full written statement to the police.

As Carlota was running back to her house she knocked over Zoe, an 87-year old woman who lived in the same block of flats as Carlota. Zoe fell into the path of an oncoming car driven by Jim. Jim’s car hit Zoe and she suffered massive internal injuries as a result. Jim called for an ambulance and cradled Zoe whilst he waited for it to arrive. Zoe was kept saying to him “It was Lottie, tell them it was Lottie.” Zoe died in Jim’s arms before the ambulance arrived. Jim gave a full written statement to the police.

P.C Stretch later watched closed circuit television video (CCTV) footage captured by the security camera of the bank. The black and white images show Rachel’s face and the back of her attacker. It is not clear that the attacker hit Rachel, but the figure is clearly seen running away with a handbag. The videotape was left next to a radiator at the police station and the tape is now unwatchable.

Rachel has recently discovered that Carlota has several previous convictions for violent attacks on previous witnesses against her and for perverting the course of justice. Rachel has appeared before you, the judge, and you are satisfied that she is genuinely afraid for her life if were to give evidence against Carlota (you have also ruled out the use of special measures to make giving evidence less traumatic).

Jim has moved to work on the remote ice roads of Northern America and cannot be contacted. P.C. Stretch is available to give evidence.

Discuss, taking the jurisprudence of the European Court of Human Rights into account, and other relevant case law, the admissibility of the evidence above under Part 11 Chapter 2 of the Criminal Justice Act 2003.

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