CRIMINAL LAW OF EVIDENCE - Essay Example

His evidence by deposition will be suspect. It will not have as much credence as it would have had, if Imtiaz had simply told the police officer that he was falsely accused by Alice for the reason given.6 It will further be necessary for the court to consider his statement of fact that Alice had a grudge against him. This admission or suggestion is all the more incriminatory against him. Imtiaz also has omitted to account for his presence near the scene of offence. This would also lead to an adverse inference against him.

Shannon’s identifying him on campus would seriously weigh against Imtiaz during the trial. 2. Imtiaz consulted a solicitor, and on his advice invoked his right to silence by saying ‘no comment’. It does not matter what the reason given by the solicitor of Imtiaz is. It is the privilege of Imtiaz as accused not to tell the police the reasons for which his solicitor asked him to make no comment. The communication between a professional legal adviser and his client is a confidential conversation.

Legal opinion given in a counseling session or otherwise is privileged communication. Privileged communication is inadmissible in evidence. The issue is clarified in Balabel v. Air India.7 But the privilege can be waived. So, any statement made by Imtiaz before the police regarding the reason for which his solicitor gave him advice to remain silent would be relevant and admissible in evidence. 3.The identification evidence against Imtiaz is meager. Apart from Alice, Shannon is the only witness of what actually happened.

The identification of Imtiaz as one of the assailants is important. The evidence regarding Shannon’s ID from a CCTV image is not enough for the court to come to any conclusion according to Turnbull 8guidelines. Identification by police of her image is not sufficient. Courts have held that police identification of accused from CCTV is to be appreciated cautiously.