Authors: Tiana Epati, Fiona Guy Kidd
Published: 19 September 2017
Pages: 40

Introduction

There is no introduction for this publication.

Content outline

• Defence evidence – pre-trial statements, silence and the defendant adducing evidence
  • Comment on pre-trial silence
  • Comment on silence at trial
  • Adducing pre-trial statements and defence evidence
• Co-defendants’ statements
• Prior consistent statements – the continuing saga of s 35
  • Removal of the word “recent”- s 35(2)(a)
  • To the extent necessary – s 35(2)(a)
  • The timing of a challenge to veracity or accuracy – s 35(2)(a)
  • Forms an integral part of the events before the court – s 35(2)(b)
  • Consists of the mere fact that a complaint has been made – s 35(2) (c)
  • Judicial direction as to use
• Visual identification – recent cases
  • When is it visual identification evidence?
  • Hearsay identification evidence
  • Timing of a formal procedure and circumstances to be considered for reliability
• Voice identification evidence
  • Warnings – section 126 
• Cut-throat defences – the rules
  • Co-defendant’s veracity
  • Co-defendant’s propensity
  • The right of a co-defendant to offer an effective defence
  • And beyond notice?