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Notes On CRM Lecture

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18 views

Notes On CRM Lecture

Uploaded by

tongkunchi
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Notes on CRM Lecture

No exam on costs:
Question on admitted facts, appeal: how to deal with appeals

Same format as past paper 22/23: no drafting, all Q&A

Pay attention to SG1: Arrest, s.54(1), s.54(2)


SG4: Rules and directions
Confession statements: Test of admissibility of admission is voluntariness, breach of rules
and directions may lead to unfairness if the judge exercises his discretion

SG6: s.65B, s.65C, s.65D (alibi evidence)

Turnbull, and all cases on appeal


Bind over in DB
ID parades

Q4(a)
Doc 1: Notice under s.65C (formal admission that the burglary took place)
Legal effect: conclusive evidence as to the facts admitted, no need to prove burglary took
place.
Admitted facts cannot be withdrawn except in special circumstances.

If burglary is admitted, Mr. Townsend’s statement can be admitted.


If burglary is not admitted, Mr Townsend needs to testify (i.e. not admitting his statement).
Nothing to cross-examine, it would not hurt the defence.

Doc 2: If D wants to object, needs to serve notice of objection within 14 days otherwise
deemed to accept.
Contradictory evidence can still be called, but he cannot demand the witness to be available
for cross examination.

Two alternate routes:


(i) Admit all
(ii) Not admit all

Question 4(b)
This is alibi evidence under s.65D.
Find Larry as quickly as possible.
Determine what trouble he has had with the law.
Question him thoroughly to see how strong the witness’s evidence is.
Interview Bar staff to see if they remember Patrick and him on the night.
Assess and check the alibi.
Give D your frank opinion on the strength of alibi.
If D wants to submit the alibi, serve notice to P not less than 10 days before trial: s.75A DCO,
s.65D CPO.
D should be advised that it would be open to P to comment on this if s.65D is later
abandoned.
Instructions should be in a letter which should be retained in the office.

Question 5:
Options: review, case stated and alternate procedure
This is a point of law: applying a third discount for pleading guilty.
Best available option:
Review:
Quick, less expensive, no formalities by just applying to Mag (Mag has a duty to hear), Mag
has opportunity to review his decision without be criticized by higher courts.

Given the circumstances,


4 marks for identifying the best option: review of decision by Magistrate
1 mark: s.104 MO
Reasons for considering this to be the best option:
Request to Magistrate to change his mind about a decision he has made in an open court.
Error on point of law, or error in following the sentencing guidelines that Magistrates can
easily correct without losing face.
Quick, less expensive, no formalities by just applying to Mag (Mag has a duty to hear), Mag
has opportunity to review his decision without be criticized by higher courts.

Procedure: see DB.


Hear the applicant
Made in writing, addressed to clerk within 14 days after decision.
Prudent to include in the letter the available dates of the solicitor and the counsel.
Hearing of the review can take place outside 14 days if Mag thinks so.

Question 5(b):
Review by the Magistrate himself: s.104(5) MO.

Question 2(b):
Alternate procedure: District Court / Magistrate
Voir dire: High Court
R v Galbraith:
If elaboration of the approach explained in Galbraith is called for we are of the opinion that
a judge faced with a submission of ‘no case’ or an application for discharge in circumstances
where the Crown’s case depends, as it usually does, upon an inference or inferences from
primary facts, may ask himself:

1. is there some evidence that the crime has been committed? If not, the judge will rule no
case or discharge the count in question. If there is;

2. is the evidence of primary facts of a quality permitting a jury to accept it? If not, the judge
will stop the case or discharge the count. But, if such evidence is of appropriate quality;

3. could, may or might a jury properly directed be satisfied beyond reasonable doubt of such
inferences as have to be drawn if all the elements of the prosecution case are to be
established? If he concludes that a jury could, may or might so be satisfied, he will rule
against the submission or application.”

R v Shippey:

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