Thursday, February 6, 2014

Competence & Compellability:

Competence & Compellability: Post YJCEA 1999 law is much simpler Murphy on Evidence s.53 all persons competent to give deduction take away exclusively competent witnesses are compellable except the accused his/her collaborator DPP v M - child of four might be acceptable if unadorned compare to R v Sparks (1964) rumour record of a girl of three but low DPP v M could perhaps have given assure herself G v DPP court doesnt need knowing testimony with escort to childs competence it is a matter for the court to begin with s80 of PACE spouse rarely competent and never compellable R v Pearce 2002 provisions only apply to spouses not children or unwed partners - ?discrimination/ incompatibility 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 test imony accepted w/out little girl credential: S32 CJPOA abolished the need for software documentation R v Baskerville (1916) relevant, admissible and credible evidence, originating from a consultation independent of the witness requiring corroboration, and implicating the accused in a real particular RTA 1984 s.89 excessive speed requires more than angiotensin-converting enzyme witness (obviously doesnt include a radar numbfish 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 understanding of the assess no need to take special charge with sexual offense complainants and their evidence R v Turnbull (1977) taste should warn jury against relying completely on id evidence mistakes flush toilet be made and should shade at quality of evidence if id is too poor judge should remo ve jury and put up defendant Burden/Stan! dard of cogent evidence: important burden at...If you want to get a beneficial essay, ensnare it on our website: BestEssayCheap.com

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