Question
B and D belong to rival gangs. One night a fight breaks out between the gangs and a passing motorist, C, is shot and injured.
B and D belong to rival gangs. One night a fight breaks out between the gangs and a passing motorist, C, is shot and injured. C lays a charge of attempted murder, and during the investigation, C gives a description of his assailants to the police. An identification parade is held, and B and D are picked from the line-up. B and D are thereafter charged. Answer the following questions with reference to the trial: 3.1 Two bullets are extracted from C at the hospital and, when B and D are arrested, the investigating officer finds a weapon in the possession of both B and D. What type of evidence is at issue here? Discuss with reference to the general rules applicable to this kind of evidence. (10) 3.2 Assume that C is the only witness that can identify B and D as his attackers. Fully discuss the evidential rules that the court will have to apply when evaluating C's evidence at the end of the case.
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