R v Chris Wilson

Descripción

Mapa Mental sobre R v Chris Wilson, creado por hargreas el 03/02/2014.
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Mapa Mental por hargreas, actualizado hace más de 1 año
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Creado por hargreas hace alrededor de 10 años
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Resumen del Recurso

R v Chris Wilson
  1. Parties
    1. facts
      1. hearsay
        1. Bad character evidence
          1. prosecution - BCE of D's previous convictions s101(1)(d) ruled not admissible under 1(d) (see Hanson and s103)
            1. both witnesses BCE of previous is admitted under s100(1)(a,b)
            2. Good character - Vye direction
              1. Galbraith submission
                1. PACE - unfair?
                  1. Identification evidence Turnbull
                    1. Compellability?
                      1. Prosecution case theory

                        Nota:

                        • deliber
                        1. witnesses
                          1. Sam Gold
                          2. Deliberate bump
                            1. Sam gold WS - noticed car stationary directly before
                            2. Abusive from the start
                              1. WS/SG beeped was nothing until at the pay point
                                1. WS/JC confirms SG
                                2. pushed car into wall and barged past causing damage
                                  1. WS/SG hit wall scrape caused to offside rear bumper
                                    1. Confirmed
                                  2. Drove at the complainant
                                    1. WS/SG jumped to avoid
                                      1. JC confirms also threatening behaviour - fist
                                        1. Saw Sam fall heavily but sam does not mention
                                      2. Drove off dangerously
                                        1. WS/SG through red light, u turn on withy grove
                                          1. confirmed
                                        2. caused damage and PI
                                          1. WS/SG sore neck /bruised knee
                                            1. consistent - medical report
                                              1. JC medical report - lying
                                              2. WS/SG - cost of repair £1546
                                                1. no evidence - car not worth that
                                            2. Defence case theory
                                              1. witnesses
                                                1. was not abusive
                                                  1. JC - You want to learn to drive
                                                  2. accidental bump
                                                    1. JC - did not notice car stationary before bump
                                                    2. they were being aggressive didn't mean to intimidate fear of safety needed to get away
                                                      1. JC admits that she told the driver he should learn to drive again
                                                        1. needed to pick child up
                                                        2. no idea how the knee happened
                                                          1. Did not aim the car at the complainant
                                                            1. Did not at any point drive dangerously
                                                              1. had a child in the car
                                                              2. the driver was on the phone - not due care and attention
                                                                1. at what point did he phone? thought they were phoning someone to come and 'sort him out'

                                                                  Nota:

                                                                  • JC - phoned after the bump
                                                              3. Documents
                                                                1. Charges
                                                                  1. ABH any act by which a person intentionally or recklessly causes another to apprehend immediate personal danger - and that caused actual bodily harm
                                                                    1. bump
                                                                      1. driving towards c?
                                                                      2. Dangerous driving - driving a mechanically propelled vehicle dangerously on a road or other public place

                                                                        Nota:

                                                                        • 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
                                                                        1. car park
                                                                          1. would have to be exceptional to be classed as a road
                                                                          2. road
                                                                            1. did he go through a red light?
                                                                              1. u turn
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