NORTHUMBRIA UNIVERSITY
SCHOOL OF LAW
LL.B (HONS) FULL TIME, PART TIME AND OPEN LEARNING
EVIDENCE - RESIT
Time allowed:
18thAugust 20113 hours
InstructionsThe examination consists of two compulsory questions. Candidates must answer both questions.
The examination is an open book examination. There is no restriction upon the materials to which candidates may refer.
Question one
James and Anne are charged with the murder of Ramesh, Anne’s husband. The prosecution allege that James and Anne attacked Ramesh with broken bottles, the injuries that Ramesh incurred causing his death. James’ defence is that Anne attacked and murdered Ramesh and that whilst James had been present he had tried to prevent the murder. Anne’s defence is that Ramesh attacked her with a knife and that she stabbed him in self defence.
James has a previous conviction for computer hacking. Anne has a previous conviction for assault occasioning actual bodily harm, the victim of the offence being Ramesh. Paula, the daughter of Ramesh and Anne, who is 10 years old, is willing to give evidence of a history of domestic violence by Anne on Ramesh.
When James was questioned by the police he refused to answer any questions because his solicitor had advised him to give a no comment interview unless the police told him what Anne had told them.
When Anne was questioned by the police she told them that Ramesh attacked her with a knife and that she stabbed him in self defence.
Consider and discuss the evidential issues arising from the above facts.
(50 marks)
Question two
Sally is bringing a clinical negligence claim against Oldcastle hospital. Sally claims that during a routine operation on her knee she suffered permanent damage to her knee due to the negligence of Dr Ahmed, the surgeon who performed the operation. Sally claims that she can no longer walk without using a walking stick.
The judge has permitted the parties to instruct their own medical experts and expert reports have been exchanged. Sally hopes that her counsel will be able to cross-examine the defence expert in court as there are a number of questions that she would like to raise concerning his report. She is particularly unhappy that the defence expert’s report does not contain a summary of his instructions. She is also concerned that the defence expert is employed by Oldcastle hospital.
Oldcastle hospital has obtained a witness statement from Brian, who states that he has seen Sally walking without a stick on several occasions since her operation and that, in his opinion, she is walking quite normally. It is not clear whether Brian will be available to give evidence or whether the defence will seek to rely on his witness statement as hearsay evidence. The defendants have failed to serve Brian’s witness statement on the claimant in accordance with directions.
Consider and discuss the evidential issues arising from the above facts.
(50 marks)
Page 1 of 3