Evidence law

Dale is charged with GBH against his ex-girlfriend, Valerie whom he dated for 2 years, and he pleads not guilty.
Valerie says that on the night of 10 October 2014 at around 8pm, Dale knocked on her door and confronted her about the fact that she had started a relationship with another man. She says that an argument ensued, and he grabbed her by the throat and threatened her with a knife, and then hit her in the stomach. At this time of night the street where Valerie lives is usually very quiet. Walter, Valerie’s neighbour, was out walking his dog (Fido) at about 8.30 pm that night. He was just re-entering the street and was about 100 metres away from his own (and Valerie’s) house when heard raised voices coming from the general direction of Valerie’s house. He stopped to observe the events for a moment but he could not make out what was being said. Walter continued his walk to his house, and while untangling Fido who had got his lead wrapped around a lamppost, Walter says that a very tall man (well over 6 foot) ran past him, presumably running from Valerie’s house. Walter described him as being bald with a grey beard, and that one of his arms was covered in tattoos. This description matches Dale’s appearance. The police held a video- identification procedure. Nine men took part in this, but only 3 of whom were over 6 foot, and five had no beard. Walter picked out Dale from the procedure.
The prosecution wishes to adduce the evidence of Mary, another of Dale’s ex-girlfriends. Mary had a relationship with Dale that ended five years ago. The prosecution wishes Mary to testify to the fact that after she had ended the relationship and started seeing another man, she met Dale on the street one evening where he accosted her – that he grabbed her arm roughly, pushed her
against a wall, and screamed abuse in her face. After that incident Mary says that Dale then told some of her friends that she had previously been a prostitute (which was untrue).
Dale claims that he was not near Valerie’s house on the night of the offence, but that he was at the gym. There is no record, however, of Dale signing in at the gym on 10 October 2014 as members are required to do.
Discuss the evidential issues arising on these facts.
N.B. Unless it is otherwise stated above the specified word limit does not include the bibliography. Nor does it include footnotes, as long as the footnotes are used only to provide citations and not to add to the substance of the text.

Evidence law

Order Description

Assignment title/Essay Question
Daisy and Poppy were walking home from work one winter evening when a man grabbed Daisy from behind, pushed her to the floor and put his hand up her skirt. In an instant the assault was over and the man ran off. Poppy raced after the man and as he turned to look to see how close she was to him, she caught a glimpse of his face. Yet, she could not catch him. Daisy rushed home and showered, she did not want Poppy to tell the police of the incident but just hoped to forget the matter. She wrote an entry in her diary that night detailing the incident and expressing her disgust at how he had touched her. The next week Daisy was walking home alone and the same man, she was sure, grabbed her again. Again he put his hand up her skirt, but this time he then dragged her into the nearby woods and raped her. It was too dark to see anything but she was sure it was him.
Daisy arrived at work later than usual the next morning and Poppy was concerned. At their tea break Poppy asked if everything was ok, and Daisy broke down in tears and recounted what had happened and how she believed it was the same man. Poppy insisted that she would now go to the police. Poppy gave the police as full a description of the perpetrator as she could and after several hours of looking through the police photographs she picked out Mark. Poppy also went on to pick Mark out of the video parade. Mark is a frequent customer in the store in which they both work. Daisy never gave her statement to the police, she delayed and delayed and then committed suicide.
Mark is charged with rape and sexual assault and pleads not guilty to both. Mark’s girlfriend at first gives him an alibi for the night of the rape, but at the trial when called by the defence she retracts her alibi saying that he pressured her into lying for him, just like he pressured her into performing perverse sexual acts that she did not wish to do. He denies all of this and calls her a liar, and suggests that she is saying these things only to seek attention from the newspapers.
Critically discuss the evidential issues arising from the above facts.

Evidence law

Order Description

Assignment title/Essay Question
Daisy and Poppy were walking home from work one winter evening when a man grabbed Daisy from behind, pushed her to the floor and put his hand up her skirt. In an instant the assault was over and the man ran off. Poppy raced after the man and as he turned to look to see how close she was to him, she caught a glimpse of his face. Yet, she could not catch him. Daisy rushed home and showered, she did not want Poppy to tell the police of the incident but just hoped to forget the matter. She wrote an entry in her diary that night detailing the incident and expressing her disgust at how he had touched her. The next week Daisy was walking home alone and the same man, she was sure, grabbed her again. Again he put his hand up her skirt, but this time he then dragged her into the nearby woods and raped her. It was too dark to see anything but she was sure it was him.
Daisy arrived at work later than usual the next morning and Poppy was concerned. At their tea break Poppy asked if everything was ok, and Daisy broke down in tears and recounted what had happened and how she believed it was the same man. Poppy insisted that she would now go to the police. Poppy gave the police as full a description of the perpetrator as she could and after several hours of looking through the police photographs she picked out Mark. Poppy also went on to pick Mark out of the video parade. Mark is a frequent customer in the store in which they both work. Daisy never gave her statement to the police, she delayed and delayed and then committed suicide.
Mark is charged with rape and sexual assault and pleads not guilty to both. Mark’s girlfriend at first gives him an alibi for the night of the rape, but at the trial when called by the defence she retracts her alibi saying that he pressured her into lying for him, just like he pressured her into performing perverse sexual acts that she did not wish to do. He denies all of this and calls her a liar, and suggests that she is saying these things only to seek attention from the newspapers.
Critically discuss the evidential issues arising from the above facts.