R v Chris Wilson

R v Chris Wilson

1. Parties

2. facts

3. hearsay

4. Bad character evidence

   • prosecution - BCE of D's previous convictions s101(1)(d) ruled not admissible under 1(d) (see Hanson and s103)
   • both witnesses BCE of previous is admitted under s100(1)(a,b)

5. Good character - Vye direction

6. Galbraith submission

7. PACE - unfair?

8. Identification evidence Turnbull

9. Compellability?

10. Prosecution case theory

    • deliber
    • witnesses
      • Sam Gold
    • Deliberate bump
      • Sam gold WS - noticed car stationary directly before
    • Abusive from the start
      • WS/SG beeped was nothing until at the pay point
      • WS/JC confirms SG
    • pushed car into wall and barged past causing damage
      • WS/SG hit wall scrape caused to offside rear bumper
        • Confirmed
    • Drove at the complainant
      • WS/SG jumped to avoid
        • JC confirms also threatening behaviour - fist
        • Saw Sam fall heavily but sam does not mention
    • Drove off dangerously
      • WS/SG through red light, u turn on withy grove
        • confirmed
    • caused damage and PI
      • WS/SG sore neck /bruised knee
        • consistent - medical report
        • JC medical report - lying
      • WS/SG - cost of repair £1546
        • no evidence - car not worth that

11. Defence case theory

    • witnesses
    • was not abusive
      • JC - You want to learn to drive
    • accidental bump
      • JC - did not notice car stationary before bump
    • they were being aggressive didn't mean to intimidate fear of safety needed to get away
      • JC admits that she told the driver he should learn to drive again
      • needed to pick child up
    • no idea how the knee happened
    • Did not aim the car at the complainant
    • Did not at any point drive dangerously
      • had a child in the car
    • the driver was on the phone - not due care and attention
      • at what point did he phone? thought they were phoning someone to come and 'sort him out'
        • JC - phoned after the bump

12. Documents

13. Charges

    • ABH any act by which a person intentionally or recklessly causes another to apprehend immediate personal danger - and that caused actual bodily harm
      • bump
      • driving towards c?
    • Dangerous driving - driving a mechanically propelled vehicle dangerously on a road or other public place
      • dangerous- falls far below what would be expected of a competent and careful driver AND it would be obvious to a competent and careful driver that to drive in such a manner woudl be dangerous
      • car park
        • would have to be exceptional to be classed as a road
      • road
        • did he go through a red light?
        • u turn