Case analysis 1 500 words
Don has been committed for trial on the sexual assault and murder of Jane. The prosecution case includes CCTV footage from a basement car park of a city building. The lower 10 floors of the building are occupied by business tenants. The remaining 5 floors are residential. There is evidence that Don is a business tenant and Jane is a resident of the building. The CCTV footage shows Jane driving into the car park at 1.12 a.m. on 3rdth November, 2012 and parking her car in her designated spot. There is other footage showing Don exiting an elevator into the basement car park at 1.01 a.m. Jane was not seen alive after this time but her body was found in a plastic bag in wheelie bin at the rear of the building two days later. The plastic bag was labelled with the name of Don’s business and his DNA was found on the plastic ties used to secure the bag.
The prosecution wish to lead evidence from Constables Bill and Ben to testify that they watched the CCTV footage many times since the beginning of the investigation into Jane’s death and they are satisfied that the male person shown exiting the elevator in the footage is Don
Using only the relevant legislation and Smith v The Queen (2001) 206 CLR 650, discuss whether or not the evidence of Constables Bill and Ben will be admissible. You should not discuss any other evidentiary issues in the case
Case analysis 2 500 words
George is on trial for raping Jenny. George claims that he and Jenny had consensual intercourse. The prosecution case is that on 25th April, George and Jenny had met at a nightclub where they spent several hours together, drinking heavily. At the end of the night, Jenny agreed to go to George’s hotel room to listen to music. They left the club around 1.30 a.m. and took a taxi to George’s hotel, arriving at 1.50 a.m. Jenny wanted to leave after an hour and George tried to persuade her to stay. He became very insistent.
The prosecution case is that when Jenny got up to leave, George pushed Jenny onto the couch, saying, ‘Why do you think I brought you here?’ He tied one of her wrists to the arm of the couch with his tie and then raped her, falling asleep very soon after. Jenny was still very drunk and fell asleep also but as soon as she woke up and noticed that George was asleep, she untied her wrist, left the room and went to the hotel lobby where she asked the porter to hail her a taxi. As Jenny looked dishevelled and upset, the porter asked what was wrong but she said, ‘I’m ok- I just want to go home please.’ Jenny arrived home about 4.30 a.m and let herself in. She slept through till 11 a.m. and when she woke, the house was empty as her parents had gone to work. Jenny stayed home all day. When her mother Sue arrived home around 6.30 pm that night, she immediately noticed that Jenny was upset about something and asked if she was alright. Jenny replied, ‘I was so stupid last night. I met this guy last night and went back with him. He wouldn’t let me leave and then he raped me.’ Jenny gives evidence at trial.
Using only the relevant legislation and Papakosmas v The Queen (1999) 196 CLR 297, discuss whether or not the prosecution call Jenny’s mother, Sue, to give evidence of what Jenny said to her when Sue arrived home the night after the alleged rape? You should not discuss any other evidentiary issues in the case
Case analysis 1 500 words