Legal Procedures in Criminal Trials

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Questions and Answers

What could have likely succeeded if the complainant was not cross-examined?

A no case submission (correct)

An appeal to a higher court

A guilty verdict

A full trial

The accused had legal representation during the trial.

False

Who provided evidence via Skype during the trial?

Emili Grace

The trial commenced on _____ July 2011.

13 Signup and view all the answers

Match the following terms with their definitions:

Skype = A software for video communication Due process = Legal requirement for fair trial Accused = Person charged with an offense Trial judge = Judge overseeing a court trial Signup and view all the answers

Which court handled the trial of the appellant?

High Court of Fiji Signup and view all the answers

The learned trial judge had no need to follow procedures when admitting evidence via Skype.

False Signup and view all the answers

What was a significant issue regarding the trial's conduct?

Admission of evidence via Skype Signup and view all the answers

What must be considered in relation to an identification being compatible with a fair trial?

The accused's legal representation Signup and view all the answers

A dock identification made via 'skype' is considered reliable.

False Signup and view all the answers

What error did the Judge make regarding the witness's dock identification?

He did not address its unreliability during his summing up. Signup and view all the answers

The accused admitted he was the engaging party on the beach that day, which included moving into the ______.

mangroves Signup and view all the answers

Match the following terms with their descriptions:

Dock Identification = Identification made in court by a witness High Court = Court without counsel representation for the accused Skype = Unreliable method for video testimony Prosecution Case = The argument made by the state against the accused Signup and view all the answers

Under what circumstance should a trial Judge allow dock identification?

When the accused participates in a formal identification parade Signup and view all the answers

The accused received advice regarding the right to counsel during his trial.

False Signup and view all the answers

What was the result of the procedural error regarding the dock identification?

It did not affect the overall conviction. Signup and view all the answers

What must the judge consider before determining if a witness is vulnerable?

Judicial circumspection Signup and view all the answers

The procedure outlined in Section 295 is optional for judges to follow.

False Signup and view all the answers

What balance must a judge maintain when dealing with vulnerable witnesses?

The interests of the vulnerable complainant and the rights of the accused. Signup and view all the answers

The judge may receive reports from persons considered qualified to advise on the effect of giving evidence in person on the _____.

complainant or vulnerable witness Signup and view all the answers

Match the description with the respective action taken by the judge:

Prescribing procedures = Providing protection to the accused Adducing reasons in writing = Explaining the decision for vulnerable witness procedures Minimizing stress = Creating a comfortable environment for testimony Chambers hearing = Involving all parties in the decision process Signup and view all the answers

What is the purpose of holding a chambers hearing concerning vulnerable witnesses?

To prescribe procedures for obtaining evidence Signup and view all the answers

A judge can disregard the need to write reasons for their decision regarding vulnerable witnesses.

False Signup and view all the answers

What is the significance of Section 296 in relation to Section 295?

Section 296 outlines the procedures to follow after the mandatory considerations in Section 295 are satisfied. Signup and view all the answers

What was the main argument of the appellant's defense?

Fabricated identification Signup and view all the answers

The appellant admitted to the robbery during the confrontation.

False Signup and view all the answers

What injury did S sustain during the robbery?

Wound to his forehead Signup and view all the answers

The judge withdrew the issue of ________ from the jury during the trial.

mistaken identification Signup and view all the answers

Match the witnesses with their statements:

S = Identified the appellant at a confrontation C = Testified about S discussing faking a robbery M = Saw S pocketing money after the robbery Appellant = Claimed S was lying about the robbery Signup and view all the answers

What did the appellant's companion and neighbor confirm?

That the appellant was at another public house Signup and view all the answers

The counsel for the appellant at trial was the same as at the appeal.

False Signup and view all the answers

What did the judge think about the issue of mistaken identification in this case?

It was not a substantial issue. Signup and view all the answers

What was the main issue in the case discussed?

Veracity of the defendant Signup and view all the answers

The defense alleged that there was a mistake in identification.

False Signup and view all the answers

What must a judge have before leaving an issue to the jury that the defense did not raise?

evidence to support it Signup and view all the answers

According to the Turnbull Rules, the warning needs to be given when the case against the accused depends on the correctness of one or more ______ of the accused.

identifications Signup and view all the answers

Match the case authorities with their corresponding context:

R v Courtnell = Notable case for mistaken identification R v Cape Jackson and Gardner = Followed R v Courtnell Shand v R = Addressed legal precedent R v Beckles and Montagne = Discussed identity issues Signup and view all the answers

What is the purpose of the Turnbull warning?

To warn about the risks of mistaken identification Signup and view all the answers

The judge was obliged to leave the mistaken identification issue to the jury due to the evidence provided.

False Signup and view all the answers

What is the potential risk referred to by Lord Widgery regarding fleeting encounters?

ghastly risk run in cases of fleeting encounters Signup and view all the answers

Study Notes

Fair Trial & Identification

A trial judge may refuse a dock identification if the accused refused to participate in a formal identification parade.
A dock identification by camera directed through "skype" is unreliable and should be avoided.
A trial judge should consider the accused’s legal representation, the directions given on identification and the strength of the prosecution case.

Trial Without Representation

The accused was tried in the High Court without legal representation.
He was not advised of his right to counsel.
Lack of legal representation prejudiced the accused.

Vulnerable Witness Testimony

The victim of the alleged rape, Emili Grace, testified via Skype from Sydney, Australia.
The trial judge should have followed the procedure laid down in Chapter XX of the Criminal Procedure Decree, 2009 for receiving evidence via Skype.
The judge should ensure that the level of stress of vulnerable witnesses is minimized.
Before receiving evidence from a vulnerable witness, the judge must hold a chambers hearing with all parties, including the accused present.

Case Summary R v Courtnell

R v Courtnell case concerned a robbery and wounding.
The defense was that the identification of the appellant was fabricated.
The defense argued that the judge should have given a Turnbull direction, even though the evidence did not support mistaken identification.
The judge was not obliged to leave an issue to the jury if there was no evidence to support it.
The judge did not err in withdrawing the issue of mistaken identification from the jury.

Turnbull Guidelines

The Turnbull Guidelines were primarily designed to deal with fleeting encounters.
The guidelines apply when the case against the accused depends on identification, and the defense alleges that the identification was mistaken.
If the defense alleges a frame-up, a Turnbull warning is not necessary.

R v Courtnell Precedents

Several authorities followed R v Courtnell, including:
- R v Cape Jackson and Gardner
- Shand v R
- R.v Beckles and Montagne

R v Courtnell Conclusion

The issue of mistaken identification does not arise in this case.
The evidence supported the conclusion that the appellant was identified correctly, and that the defense was fabricated.
The judge’s refusal to give a Turnbull direction did not prejudice the appellant.

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Description

This quiz examines key principles regarding fair trials, the importance of legal representation, and the handling of vulnerable witness testimony in criminal procedures. It covers cases related to dock identification, trials without representation, and the protocols for receiving witness evidence via video calls.

Legal Procedures in Criminal Trials

Podcast

Questions and Answers

What could have likely succeeded if the complainant was not cross-examined?

The accused had legal representation during the trial.

Who provided evidence via Skype during the trial?

The trial commenced on _____ July 2011.

Match the following terms with their definitions:

Which court handled the trial of the appellant?

The learned trial judge had no need to follow procedures when admitting evidence via Skype.

What was a significant issue regarding the trial's conduct?

What must be considered in relation to an identification being compatible with a fair trial?

A dock identification made via 'skype' is considered reliable.

What error did the Judge make regarding the witness's dock identification?

The accused admitted he was the engaging party on the beach that day, which included moving into the ______.

Match the following terms with their descriptions:

Under what circumstance should a trial Judge allow dock identification?

The accused received advice regarding the right to counsel during his trial.

What was the result of the procedural error regarding the dock identification?

What must the judge consider before determining if a witness is vulnerable?

The procedure outlined in Section 295 is optional for judges to follow.

What balance must a judge maintain when dealing with vulnerable witnesses?

The judge may receive reports from persons considered qualified to advise on the effect of giving evidence in person on the _____.

Match the description with the respective action taken by the judge:

What is the purpose of holding a chambers hearing concerning vulnerable witnesses?

A judge can disregard the need to write reasons for their decision regarding vulnerable witnesses.

What is the significance of Section 296 in relation to Section 295?

What was the main argument of the appellant's defense?

The appellant admitted to the robbery during the confrontation.

What injury did S sustain during the robbery?

The judge withdrew the issue of ________ from the jury during the trial.

Match the witnesses with their statements:

What did the appellant's companion and neighbor confirm?

The counsel for the appellant at trial was the same as at the appeal.

What did the judge think about the issue of mistaken identification in this case?

What was the main issue in the case discussed?

The defense alleged that there was a mistake in identification.

What must a judge have before leaving an issue to the jury that the defense did not raise?

According to the Turnbull Rules, the warning needs to be given when the case against the accused depends on the correctness of one or more ______ of the accused.

Match the case authorities with their corresponding context:

What is the purpose of the Turnbull warning?

The judge was obliged to leave the mistaken identification issue to the jury due to the evidence provided.

What is the potential risk referred to by Lord Widgery regarding fleeting encounters?

Study Notes

Fair Trial & Identification

Trial Without Representation

Vulnerable Witness Testimony

Case Summary R v Courtnell

Turnbull Guidelines

R v Courtnell Precedents

R v Courtnell Conclusion

Studying That Suits You

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