Cases: Law of Evidence

R v Edwards [1991] 1 WLR 207

Facts: The defendant appealed against his conviction for robbery and firearm offences.   Issue: The issue concerned the extent to which a cross-examiner may seek to discredit a police witness by accusing them of malpractice and if these questions are allowed in cross-examination, would the collateral-finality rule apply? Held: The court held that police officers…

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R v Funderburk [1990] 1 WLR 58

Facts: The defendant was charged with unlawful sexual intercourse with a 13-year-old girl.  Issue: The defence was not allowed to cross-examine the girl regarding whether or not she had told a witness of a previous incident of sexual intercourse. The defence was also denied permission to call that particular witness.   Held: The court accepted…

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R v Nagrecha [1997] 2 Cr Apps R 401

Facts: The defendant was accused of indecently assaulting the complainant with no witnesses around. The defence cross-examined the complainant regarding previous allegations against other men. The complainant denied making any previous allegations. Issue: The judge did not allow the prosecution to bring in evidence to rebut the complainant’s answer. Held: On appeal, it was held…

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Browne v Dunn (1893) 6 R 67

Facts: The residents of a community signed a document asking for a restraining order against the appellant. This was presented by the defendant. Upon knowing about this, the appellant began proceedings against the defendant. Issue: Whilst in cross-examination the appellant did not at any point suggest that the document was false or untrue. The appellant…

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R v Galbraith [1981] 1 WLR 1039

Facts: The defendant was charged with affray (fighting in public). He submitted a request for no case to answer. Issue: The court rejected his no case to answer and as a result the defendant appealed. Held: The court rejected his appeal. Witness statements suggested that the defendant took part in the fighting. A no case…

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