Issues in Evidence

To: Managing Partner From: Ronelia - 30649947 (Summer Clerk) Date: 25 September 2007 Re: Issues relating to evidential issues from Tims drug charge. 1.Introduction Tim is charged for selling and supplying drugs. In a telephone message to our firm he admits to pose crops. He has a criminal record for planting cannabis crops quatern times in the past 10 years. in that respect is material evidence available to the prosecution which places him at the scene of the crime. He has made a line to the police. He was seen running 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. some(prenominal) issues ascend regarding the relevance and admissibility of this evidence, as well as the competency and compellability of witnesses. The prevalent rule is that if evidence is relevant it is admissible and that any witnesses atomic number 18 competent and compellable. These rules are playing area to exclusionary rules. This matter will be heard under the due west Australian Evidence passage 1906 (the Act). 2.Executive Summary The prosecution has certain evidence to link Tim to the incident. There are tho, several issues that overdress regarding the inadmissibility of some of the evidence. This is due to the spare-time activity main issues: The first of hearsay.

The statement made by the bit on the corner would be considered hearsay. Secondly the prosecution may have obtained some of the evidence without a warrant to acquiesce his house or in a nonher illegal trend; it will therefore be within the judges discretion whether this evidence is ! inadmissible. Thirdly, naming evidence is often punic due to personal opinion, however the statements regarding the identity of Tim will he relevant and admissible except will carry a low probative weight. lastly the admissibility of the statement made by Tim is open to challenge. Tims gateway on the message he left will not be admissible in court due to attorney client privilege....If you want to pop off a proficient essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay