Issues in Evidence

To: Managing Partner From: Ronelia - 30649947 (Summer Clerk) Date: 25 September 2007 Re: Issues relating to evidentiary 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 marijuana crops quatern times in the past 10 years. in that respect is material secernate available to the prosecution which places him at the scene of the crime. He has made a rumor 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 every(prenominal) witnesses atomic number 18 competent and compellable. These rule s are battlefield to exclusionary rules. This matter will be heard under the air jacket Australian Evidence passage 1906 (the Act). 2.Executive Summary The prosecution has self-colored evidence to link Tim to the incident. There are until now, several issues that become 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 discreti! on whether this evidence is inadmissible. Thirdly, realization evidence is often punic due to personal opinion, however the statements regarding the identity of Tim will he relevant and admissible entirely will carry a low probative weight. last the admissibility of the statement made by Tim is open to challenge. Tims introduction on the message he left will not be admissible in court due to lawyer client privilege....If you want to pop off a full essay, order it on our website: BestEssayCheap.com

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