Law of Evidence Bob, Richard, Henry Case

 

Bob, Richard, Henry and Len have all been arrested for supplying illegal drugs following evidence derived from a covert police operation.

Under interrogation, Bob makes a statement implicating Len in the offence of supplying illegal drugs whilst also admitting a part in the offence himself. He implicates Len after the police inform him that Len has named Bob as the ringleader of the drugs operation. Len has made no such accusation.

Immediately after being arrested Richard, believing the police had seen him carrying a large kitchen weapon earlier in the day, confessed in the police car that he had been involved in the attempted murder of his wife, Lesley. At the police station, he is interrogated by police who deny him access to a solicitor without due cause. Richard only confesses to the offence of supplying illegal drugs and remains silent when questioned about the allegations relating to the attempted murder confession.

The next day Richard is interviewed again, this time in the presence of his legal adviser and repeats his earlier confession relating only to the supplying of illegal drugs.

Henry is interviewed at the police station and told that his mother is very ill and in intensive care. He is informed that if he confesses to the offence of supplying illegal drugs he will be allowed bail to visit her. However, his mother is in good health.

Len (who declines access to a legal advisor and is cautioned by the police before interview,) is interrogated for eight hours without a break. He is diabetic, and requests food, water and medication, which are all denied. At the end of the interrogation, he is in a hypoglycaemic state, and confesses. At this point he is given food, water and medication but has no recollection of the confession.

All parties have previous convictions for drugs and violent related offences.

Advise the trial judge on how to deal at trial with all evidential issues relating to Bob, Richard, Henry, and Len



The assignment deals with sections of pace, vor dia and also bad character

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