[Revision] Law of evidence

Description

the essay is not a typical essay it is problem question so therefore requires the IRAC rule. Identify the issue, then the legal rule be it case law or statute, then conclude.

the answer needs to be 2000 words

question:

Answer the question below

Duncan is charged with inflicting grievous bodily harm on Vernon and he pleads not guilty. The vicious attack occurred on December 14th at approximately 1.30am as Vernon was returning home following an evening spent drinking with his friends in the local bars. As he walked through Wyvern Park on his way home Vernon says he heard footsteps behind him and then all of a sudden someone punched him to the face, ribs and stomach, and immediately fled. It all happened in a matter of seconds recounts Vernon, but he says he was able to grab his attacker briefly and believes that he heard something fall to the floor in the tussle; something that made a hard, metallic sound. The police found a key on the path near to where the attack took place, which was subsequently proven to be a key to Duncan’s house.

At the scene Vernon gave the police a visual description of his attacker, whom he described as being approx. 6-foot-tall, with thinning dark brown or black hair and short facial hair/stubble beard. As part of the investigation, two weeks later Vernon was asked to try to make a visual identification from police photographs. After being shown a set of 6 police photographs, Vernon immediately picked out Duncan. The police arranged a video procedure for Vernon 10 days later and again he picked out Duncan. Duncan (5 foot 2 inches) complains that he was the only person that had black hair, the others all having light brown or blonde hair, and he was one of only two people that had facial hair at all.

At the police station, Duncan said that he did not need a solicitor. He denied the attack, saying that he was home alone. Subsequently, during lengthy police questioning, Duncan was refused food and water as the station kitchen was undergoing refurbishment. On being taken back in for questioning following a 15-minute break, the police forgot to record the interview. When the recording was recommenced Duncan confessed to the attack on Vernon. Now Duncan claims that he confessed only after the police threatened to arrest his 15-year-old niece, Sally, on fabricated drugs charges.

Duncan suffers from Attention Deficit Hyperactivity Disorder (ADHD) and is concerned about being able to follow the trial proceedings and answering questions in court. Consequently, at trial he does not want to testify.

Advise the parties of the admissibility of the evidence and any relevant procedures.