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Evidence Act Potpourri for Criminal Lawyers

Published: 22-09-2017 Authors: Tiana Epati, Fiona Guy Kidd Pages: 40

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

Introduction

There is no introduction for this publication.

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?