Discussion 9tes PDF

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1- Previous rep- beacsue it is a previous rep by a oeron who is likeoy to be a party, thw moment axel is charged it becomed an amiddsion therefore is relevant under s 181. Then move s 90. There is no evidence relatin to s 84 opressive conduct nithijg on s 85. Or s 86. – would be unfair to use police admission to adxel as he was unaware he was being moitnored. m v queen.

2- Whether you can argue if it was improperly obtained. S 138. 

The Court has discretion to exclude unlawfully or improperly obtained evidence, unless the considerations supporting admission outweigh those supporting its exclusion, in the particular circumstances of the case. Case Scofield.

As per the facts the evidence obtained in this secnerio would be desribale to the convuctuon of axel and samo despite how the evidence was obtained , his testimony should be included as it outweighs how the evidence was adduced . the outcome of the evidence proves that axel n samo committed the robberies and axel wanted to join the gqang so his charges could be dropped. S 83- jointy tried – axel cant ho agaisjt samo – however police admission may be unrealible S137. Danger admission is unfairlty predjudiucal

3- Assume search was lawful - s 138 1- why should subsquente evidence be excluded – 138 1b- beacyase admission is obtained imporpelry after engaging balancing exercise – further evidence is tainted therefore should be exlcudeed – if info should be included however if sourse wqas tainted then further evidence wuld be to ....