Simulated Evidence Law matter:

I am required to consider the issues relating to evidence law only.

Matter

The firm is representing Ima Goodguy in a criminal matter in the District Court of New South Wales at Azure Beach. Ima is accused of armed robbery of a petrol station on the Pacific Highway. Ima has instructed us to enter a plea of 'not guilty'. On the first day of trial, the following circumstances arose:

the Judge orders Ima's wife and father to give evidence

the prosecution is allowed to adduce evidence of two similar matters committed by Ima as the probative value outweighed the prejudicial value

the prosecution attempt to adduce evidence about quarrels Ima had with the petrol station owner during a three month period, approximately three years ago

the prosecution attempt to adduce evidence of an opinion expressed by a witness that the 'getaway' vehicle was moving at approximately 100km/hr. However, that witness was in a vehicle travelling at 60km/hr in the opposite direction, at night

Ima is giving evidence at trial. He is handed a Bible and told to 'repeat after me, I swear to tell the truth, the whole truth and nothing but the truth so help me God'. Ima whispers ... "I'm an atheist, is that okay?" to which the Court Officer replies, "It's okay, the judge is a Christian and I am sure he will prefer you swear on the Bible"

For each circumstance, your notes should:

1. Access and identify the relevant key principle of evidence law

2. Analyse the key issue in each circumstance, then apply the principle of evidence law to distinguish whether the evidence is relevant and/or admissible and what submissions and/or objections could be made in that regard

3. Determine the consequence of evidence not being relevant and/or admissible

4. Explain the significance of the evidence law issues

5. Include reference to relevant case law and legislation 6. Acknowledge sources of secondary information