18266218
Description
Flashcards by adriana calles, updated more than 1 year ago
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Created by adriana calles
over 5 years ago
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| 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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