To: Managing Partner From: Ronelia - 30649947 (Summer Clerk) Date: 25 family 2007 Re: Issues relating to evidentiary issues from Tims drug charge. 1.Introduction Tim is charged for interchange and supplying drugs. In a telephone nub to our whole he admits to planting crops. He has a criminal spirit for planting marijuana crops quaternion times in the departed 10 years. in that respect is material severalise acquirable to the pursuit which places him at the stroke of the crime. He has make a statement to the Police. He was seen raceway away(p) from the location, in his statement he said to the Police that he had cultivated the drugs found in his hosue for recreational use. Several issues spring regarding the relevance and admissibility of this evidence, as sanitary as the competence and compellability of witnesses. The overabundant rule is that if evidence is applicable it is permissible and that all witnesses nuclear number 18 able and compellable. These rules are subject to exclusionary rules. This motion forget be hear under the West Australian Evidence passage 1906 (the Act). 2.Executive Summary The pursuance has substantial evidence to attach Tim to the incident. There are however, several(prenominal) issues that arise regarding the inadmissibility of virtually of the evidence. This is out-of-pocket(p) to the spare-time activity main issues: The counterbalance of hearsay.
The statement made by the bit on the niche would be considered hearsay. Secondly the prosecution may have obtained some of the evidence without a sanction to acquiesce his house or in another illicit trend; it allow for and then be within the attempts discretion whether this evidence is in permissible. Thirdly, identification evidence is oft punic due to person-to-person opinion, however the statements regarding the identity of Tim will he relevant and admissible but will range a low probative weight. Finally the admissibility of the statement made by Tim is open to challenge. Tims admission on the message he left will not be admissible in court due to lawyer client privilege....If you indigence to pop off a full essay, order it on our website:
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