Trial by high court only 19678 entering with intent

Info icon This preview shows pages 113–116. Sign up to view the full content.

Trial by High Court only. 1967/8. ENTERING WITH INTENT TO COMMIT FELONY Conviction quashed where accused had general permission to enter. 1968/196. ESCAPE FROM LAWFUL CUSTODY Attempt distinguished from full offence. 1968/179. No defence that charge is later dropped so long as arrest lawful. 1967/65. Prior arrest essential – Presence of officer not conclusive evidence of ar- rest. 1967/9. EVIDENCE Accomplice Co – participant in riot not accomplice – Testimony does not require cor- roboration. 1967/348. Police decoy not accomplice – Corroboration of evidence not required. 1968/40. Police officer participating in police trap not accomplice – Corroboration required as matter of practice but not of law. 1967/338. Self – exculpatory statement of accomplice inadmissible as evidence against accused. 1967/93. Testimony of very secondary accomplice does not require corroboration. 1968/297 Unsafe to convict on uncorroborated testimony of accomplice. 1967/14; 1967/67; 1967/94; 1967/222; 1967/295; 1967/338; 1968/98. Admissibility Accomplices’ statements. 1967/93. Admissions. 1967/190; 1967/249; 1968/181; 1968/298.
Image of page 113

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Bank statement produced by police witness also acting as prosecutor in- admissible. 1967/453. Confessions. 1967/124; 1967/252; 1967/385; 1967/386; 1968/99; 1968/112; 1968/143; 1968/181; 1968/182; 1968/298; 1968/299; 1968/365; 1968/474. Evidence obtained in illegal search admissible. 1968/39; 1968/302. Evidence of possession of stolen goods not specified in charge admissible when connected with offence charged. 1967/385. Extra-judicial statements. 1967/12; 1967/66; 1967/198; 1968/262; 1968/273; 1968/301. Hearsay. 1967/68; 1967/249. Identification of accused in report to police – When admissible. 1968/101. Previous convictions. 1967/13; 1967/127; 1967/184; 1967/253; 1968/41; 1968/263; 1968/365. LXXV111 CRIMINAL EVIDENCE (Continued) Admissibility (Cont.) Statement indivisible for purposes of admissibility. 1968/298. Trial within trial not essential where no assessors present. 1968/181. Admissions Inadmissible where made to Divisional Executive Officer. 1967/249. Inadmissible where obtained prior to police investigation. 1967/190. Inadmissible where obtained through promise not to prosecute. 1967/249. Statement admitting shortage of funds in case of theft constitutes admis- sion not confession. 1968/181. Burden of proof Alibi – Need not be proved by accused. 1967/445; 1968/417. Alibi – Need not be “reasonably true” 1968/142.
Image of page 114
Conviction – Must be based on prosecution evidence. 1967/384. Defence – Finding that defence case was “pack of lies” not proper basis for conviction. 1967/384. Defence – Need not be proved by accused. 1967/241; 1967/251; 1967/369; 1968/366. Gold Trading Ordinance – Proof of nature of metal. 1967/15. Immature offender aged ten years – Prosecution must prove capacity to know wrongfulness of act. 1967/18. Provocation – Prosecution must disprove existence of 1967/343; 1967/390. Rape – Prosecution must show lack of consent beyond reasonable doubt. 1968/267 Recent possession of stolen goods. See RECENT POSSESSION. Statement that testimony of important prosecution witnesses could rea- sonably be true implies misdirection. 1967/250.
Image of page 115

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 116
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern