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16 Cards in this Set
- Front
- Back
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what is a confession |
a statement against interest by the accused |
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hearsay |
what said by any person outside of the court |
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Harley v Hm Adv |
confessions presumed to be true |
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basic test of admissibility |
Brown v HM Adv if unfairly obtained, inadmissible |
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fairness to public and accused case |
MilN v Cullen |
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Unfairness 1 the lack of a caution |
depends on stage |
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when do you need caution |
Tonge v Hm Adv need to do before charge, when suspect yes but test is till fairness |
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Unfairness 2 when is unfairly obtained |
lack of access to legal advice Art 6 requires it Ambrose v Harris manner of questioning bullying, Lord adv reference 1984 intoxication other impairment Thomson v Hm Adv, but if it appears he understands what he is saying physical condition Malory v Machines not fully awake |
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contd |
suspects age Cardona v Hm Adv language difficulties Hm adv v Ollson |
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3 Eavesdropping by Police |
if intentionally place together, inadmissible HM ADV V higgins |
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Jamison v Annan |
generally admissible overheard saying he did it |
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required by statute to answer a question |
LIEK ROAD TRAFIICA CT, WHO WAS DRIVING AT THE TIME can still be unfairly obtained Styr v Hm aDV |
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mixed statements |
statement by accused outside of court with both incriminating and exculpatory |
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case on this |
McCUTCHEON V hm Adv sets out main rules |
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main tules |
general rule hearsay not admissible thus if relied on, only for purpose of showing say attitude however if crown leads evidence on incriminating, defence can lead evidence |
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determining admissibility |
thompson v crowe, up to court balance |
