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T 1- Illegally obtained evidence

Description

evidence law
adriana calles
Flashcards by adriana calles, updated more than 1 year ago
adriana calles
Created by adriana calles over 5 years ago
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Resource summary

Question Answer
Randall a mistake on admissibility of an item won't render trial unfair
Galbraith 2 limb test 1) no evidence. case stopped 2) some evidence but weak: a- no enough: stop b- depending on the view: jury
Sang judge has discretion to exclude when it's prosecution evidence. Probative value outweights by the prejudicial effect
Horseferry the court can stay proceedings 1) impossible fair trial 2) misuse or manipulation of process offending court's sense of justice
Loosely police did no more than present D with an opportunity to commit crime
Mullen when deciding to stay proceedings a balancing exercise is conducted: seriousness of violation of accussed rights, seriousness of the offence, and police bad faith (integrity principle)
Sang (exclusion of IOE under common law) judge has discretion if prejudicial effect outweighs probative value. No discretion if evidence is obtained from the accussed after the comission of the offence. Showing of bad faith, opression trickery, justifies exclusion.
Chalkley (police taps conversation) the way evidence is obtained cannot be the principal reason to exclude it. No just to discipline. Focus remains on overall fairness and reliability is a decissive factor.
Smurthmaite when deciding to exercise the exclusionary discretion, factors to consider: agent provocateur, nature of entrapment, active-passive officer role, officer abused role
Williams v DPP s78 won't succeed if just provides an opportunity to break the law
Chahal torture never admissible
Khan evidence breaching art. 8 relevant if it has an impact on fairness as a whole
dissenting Khan, Loucaides breaking the law in order to enforce it, contradiction in terms and an absurd proposition
AG's Ref (nº 2000) (purchase of contraband cigarettes, after they asked for cocaine) stay proceedings cause police incited the commission, they went further than just giving an opportunity. Inducement.
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