200015: Police v Marcello- Professional Opera Singer- Criminal Procedure Assignment Help

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Criminal Procedure Assignment Help:

Task:

Read the following before answering all questions.

Marcello is charged with assault occasioning actual bodily harm. He pleads not guilty.

The prosecution’s case is as follows.
On the evening of 10 February 2018, Marcello was partying at Mimi’s house. He and other members of the cast of “Opera on the Harbour” were celebrating, it being the last night of the opera in which they had all been performing together during the previous weeks.

During the evening, an argument had broken out between Marcello and Rodolfo (another cast member) and Marcello had punched Rodolfo to the floor causing him injury to his face.

Among other evidence, the prosecution relies on the evidence of Mimi, who gave a statement to police.

STATEMENT OF WITNESS

In the matter of Police v Marcello.
Name: Mimi
This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give as a witness in court. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything I know to be false or do not believe to be true.

1. My name is Mimi. I am a professional opera singer.
2. Saturday 10 February 2018, was closing night of “Opera on the Harbour”. Traditionally

on the last night of the opera, the cast members celebrate after the performance at the home of one of the cast members. This time, it was my turn to have the party at my house, so we all went back to my house straight after the performance at about 10pm.

3. Later in the evening, a group of us had gathered in the kitchen. I was talking to Musetta, but I had my back to everyone else. I heard Rodolfo say, “Your performance tonight was lousy. If you want to keep singing, you’d better give up the marijuana, dope-head”.

4. Next thing, I heard a thud and I turned around and saw Rodolfo on the floor with blood all over his face. Marcello and some other cast members were standing next to him.

5. I then heard Musetta say, “Marcello, why did you hit him?”

QUESTION 1
Towards the end of the first day of Marcello’s trial for assault, Mimi is called to give oral evidence of what happened at her house on the night in question.

She proposes to give evidence of the following:

That, just prior to hearing a thud and turning around to see Rodolfo on the floor with blood all over his face, she had heard Rodolfo say, “Your performance tonight was lousy.

If you want to keep singing, you’d better give up the marijuana, dope-head”.

Discuss, referring to authority including any potentially relevant exclusionary rules, whether Mimi’s evidence of what she heard Rodolfo say is admissible.

QUESTION 2
By the end of the first day of Marcello’s trial for assault, Mimi is still only part of the way through giving her evidence. She is due to give the remainder of her evidence on the morning of the second day of the trial.

On the way to court on the second day of the trial, Mimi dies in a car accident.

The prosecution now wishes to have the remainder of Mimi’s evidence admitted by the tender of her police statement.

Discuss, referring to authority, whether Paragraph 5 of Mimi’s statement (the contents of which she had not yet given in evidence) is admissible.

QUESTION 3
At Marcello’s trial for assault, Marcello elects to give evidence and raises self-defence, saying that Rodolfo threw the first punch.

Discuss, referring to authority, the burden and standard of proof on the prosecution and the defence respectively.

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Posted on : April 16th, 2018
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