Law of evidence Case Study Example | Topics and Well Written Essays - 2000 words

Law of evidence - Case subject area ExampleWe have been told that in the question that the judge has already given a direction that, consistent to section 34 of the criminal justice and cosmos Order make believe 1994, a proper proof could be put onn from Billys silence at interview. If this is allowed to continue without being challenged in apostrophize the effect of it result be that the court willing allowed to infer what is proper from Billys silence at the court where he has failed to discover his epileptic state and the particularum of the argument he had with the deceased prior to the death.However at this point we have not been told whether he was placed under a caution or not. This is important because Section 34 solely applies where an interview under caution takes place, so the court will not be able to draw an inference if for example Billy had declined an invitation to attend an interview under caution. In the case of R v Argent1,the Court of Appeal was of the opinion that six criteria had to be met before such a direction could be given.In Billys case that would beAccording to the case of R v Milford2,the phrase in the circumstances will be interpreted to take into account the time of the interview and the mental and physical state of Billy. This completely could be a basis of appeal as Billy can base his silence on his epileptic state. However the facts point out that he remained quiet base on his solicitors advice. A meaty part of the discussion is thus devoted to this fact and whether the court will take silence based upon the Solicitors advice into account. It was also noted in the case of R v Milford 3 fact will be denoted its literal meaning based on any premises and explanations that the Billy could give for his involvement in the allegation of murder which could convict or absolve or mitigate his liability.In this regard it is price noting that the recent case law does not support his grounds of appeal.In the case of R. v Lowe (Paul) 4the appellant appealed by way of reference by the Criminal Cases Review Commission under the Criminal Appeal Act 1995 s.9 against the dismissal of his appeal5 against conviction it has held that the judges direction to the panel in relation to the application of the Criminal Justice and Public Order Act 1994 s.34 could not be appealed despite the fact that the judge had wrongly summed up to the jury that the defendant was under no obligation to answer any questions and that he had a right to silence, and the fact that he appeared to have been indicating to the jury that silence in interview should allow the jury to draw obstinate inferences from the silence.It will have to be seen in Billys case then that the only way out for this appeal ,basing my advice on the ratio of Argent (Brian)6