Assignment Task: Law Of Evidence
Question 1: Cesar, a known gang member, is charged with murder arising out of a confrontation in a restaurant. Using a 12-inch bronze statue which belonged to the restaurant Cesar allegedly killed his victim with a single blow to the head. He claims to have acted in self-defence. There were several eyewitnesses who gave statements to the police. One of these, Joe, has died of natural causes. There was another eyewitness who has not been traced. He approached the restaurant owner immediately after the attack and said - "The guy did nothing wrong! There was no reason for that man to kill him."
Consider whether:
(a) The prosecutor will be able to read out the statement of the deceased witness
(b) The restaurant owner will be able to give evidence of what the unknown said
Question 2: Jamal is charged with raping Lyndsey after the two of them returned to her flat from Oceana nightclub. It was the first evening they had met. Jamal claims Lyndsey consented and that during intercourse she hummed a song that had been playing in the club. Lyndsey's ex-husband has offered to testify for Jamal. He says that Lyndsey once accused him of rape, but that the police dropped the case when she withdrew the allegation. He also says that often when they had sexual intercourse she used to hum songs.
Consider whether Lyndsey can be cross-examined by the defence on the following matters:
(a) On three occasions in the last three months she has taken a stranger back to her flat from Oceana and had sex with him (25%).
(b) Whilst having intercourse with Jamal she was humming a song (25%).
(c) She hummed songs whilst having intercourse with her ex-husband (25%)
(d) She falsely accused her ex-husband of rape (25%).