This is a follow up from Sam and Janice's case (scenario from Week 3 Tutorial):

1. Sam was arrested and taken to the police station. There he was badly beaten up by the officers and to avoid further abuse he agreed to sign the confession. The police had laid out his confession in the caution interview. Sam was never given his right to see a Lawyer. Sam signed the confession. Advise the prosecution on the admissibility of this confession. Use cases to illustrate your answer.

2. i). Advice prosecution what evidence they will need to form a prima facie case in court against Sam.

ii). Prosecution also wish to call Janice as a witness. However Janice is a spouse in this case and will need Sam's consent before she can testify against him. The prosecution want to argue that Sam and Janice got married in Latika ( a neighboring country to Pasifika). They wish to argue that their marriage from Latika should not be recognised in Pasifika. Advice prosecution on these using cases.

3. What things would you advise the prosecution to ask the Court to take judicial notice of in Hilary's murder case?

4. State any five presumptions and discuss how they operate?

5. What presumptions will Sam be able to rely upon?

6. The toast with peanut butter was sent to forensic for tests. The results show that the DNA on the bread belongs to Tom. Discuss the legal implications if any for Tom. Illustrate your answer using cases.