Wednesday, October 16, 2013

Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 law is much simpler Murphy on Evidence s.53 all persons competent to give deduction boot out neertheless competent witnesses are compellable except the accused his/her pardner DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) rumor conclusion of a girl of three but under(a) DPP v M could perhaps have given licence herself G v DPP court doesnt need sharp testimony with escort to childs competence it is a matter for the court to begin with s80 of PACE spouse seldom competent and never compellable R v Pearce 2002 provisions only apply to spouses not children or unwed partners - ?discrimination/ horror with ECHR (gays) Civil ex-spouse incompetent for spot of marriage. Criminal s80(5) PACE ex-wife = never been married R v Cruttenden CEA 1891 s.1 YJCEA s.53-56 PACE s.80-80A R v Wallwork (1958) girl complained to Gmum about IA from Gdad Gmums testimony ac cepted w/out little girl credential: S32 CJPOA abolished the need for support R v Baskerville (1916) relevant, admissible and credible evidence, originating from a book of facts independent of the witness requiring corroboration, and implicating the accused in a real(a) particular RTA 1984 s.
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89 excessive speed requires more than wizardry witness (obviously doesnt include a radar triggerman etc, as this is fact evidence) Treason Act 1895 two or more witnesses for High Treason s.13 Perjury Act 1911 Childrens evidence doesnt require corroboration or a warning R v Mananjuola (1995) - corroboration warning ta ste of the assess no need to take special ! charge with sexual offense complainants and their evidence R v Turnbull (1977) adjudicate should warn jury against relying completely on id evidence mistakes undersurface be made and should shade at quality of evidence if id is too poor judge should remove jury and digest defendant Burden/Standard of cogent evidence: significant burden at...If you want to get a beneficial essay, tell it on our website: BestEssayCheap.com

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