Parties
facts
hearsay
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)
Good character - Vye direction
Galbraith submission
PACE - unfair?
Identification evidence Turnbull
Compellability?
Prosecution case theory witnesses Deliberate bump Abusive from the start pushed car into wall and barged past causing damage Drove at the complainant Drove off dangerously caused damage and PI Sam Gold Sam gold WS - noticed car stationary directly before WS/SG beeped was nothing until at the pay point WS/JC confirms SG WS/SG hit wall scrape caused to offside rear bumper Confirmed WS/SG jumped to avoid JC confirms also threatening behaviour - fist Saw Sam fall heavily but sam does not mention WS/SG through red light, u turn on withy grove confirmed WS/SG sore neck /bruised knee WS/SG - cost of repair £1546 consistent - medical report JC medical report - lying no evidence - car not worth that
Defence case theory witnesses was not abusive accidental bump they were being aggressive didn't mean to intimidate fear of safety needed to get away no idea how the knee happened Did not aim the car at the complainant Did not at any point drive dangerously the driver was on the phone - not due care and attention JC - You want to learn to drive JC - did not notice car stationary before bump JC admits that she told the driver he should learn to drive again needed to pick child up had a child in the car at what point did he phone? thought they were phoning someone to come and 'sort him out'
Documents
Charges ABH any act by which a person intentionally or recklessly causes another to apprehend immediate personal danger - and that caused actual bodily harm Dangerous driving - driving a mechanically propelled vehicle dangerously on a road or other public place bump driving towards c? car park road would have to be exceptional to be classed as a road did he go through a red light? u turn
deliber
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
JC - phoned after the bump
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R v Chris Wilson
Annotations
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