Opinions

Law of Evidence

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This blog is another one of my assignments while studying law; this one is about the Law of Evidence.

Introduction

  • The law of evidence concerns those rules and principles which affect the investigation into questions of fact.
  • The Court may be concerned with mental conditions and physical sensations as well as with acts or objects perceived by sight, hearing, taste or touch
  • Facts which are put to the court by parties to an action as being the basis of the disputes are referred to as facts in issue.
  • What are the facts in question will be determined by reference to the law governing the particular circumstances involved and by the reaction of parties to the various allegations.
  • The law of evidence is, therefore, concerned both with the kind of facts which may be proved and the manner of their proof.

There are four main areas of law of evidence is concerned they are:

  1. The Kind Of evidence which will be accepted by the court
  2. The amount of evidence which will be required by the court
  3. The manner in which evidence will be presented to the court
  4. The persons who may or must give evidence.

 

 

Case Scenario:

Mr Stephenson who was The Truck was apparently swerving from one side of the road to other before the fatal accident killing four people in which neither of the deceased had current valid licenses.  But Mrs Dani has observed the Kenworth truck 30 minutes before the fatal truck driving erratically. Will the Evidence of Mr Stephens earlier being convicted four years earlier of dangerous driving causing death will this be enough evidence in this case?

One of the deceased had also been convicted of dangerous driving four weeks earlier in the car, Will this also be Evidence or would it come under the rule Double Jeopardy. Also, Evidence has come in effect of Mr Danni who had been convicted ten years early of perjury in a trial that involved a fraud charge against her friend would the court take this into account for this recent case.

 

PROSECUTION EVIDENCE:

  1. 30 minutes before the crash, Mrs Danni had observed the driver of the Kenworth truck driving erratically by swerving on either side of the road and overtaking on a blind bend on a hill.

The evidence required by the prosecution has mentioned that in this case scenario is more likely to be relevant, due to the fact in the event of R v Buchanan: The accused was charged with manslaughter arising out of a collision in which a car driven by the accused was involved. The accused had admitted that he had consumed a large quantity of liquor during the day before the collision. The prosecution had tendered evidence from Mr and Mrs Lewis about 35-40 minutes before the fatal accident. The court held that the evidence given by Mr and Mrs Lewis was properly admitted as relevant to the fact in issue.

 

  1. Mr Stephenson had been convicted four years earlier of dangerous driving causing death.

 

The evidence is this case would be relevant and would be admissible in fact, even though it happened four years ago. This evidence would, in fact, be relevant to this new case due to the fact four years early which also resulted in death so overall it would be in fact be relevant and would not course a double jeopardy rule.

 

 

DEFENCE EVIDENCE:

1: The blood alcohol reading and TCH of the two deceased after the accident.

 

This evidence would be admissible, because of the alcohol reading and the use of the cannabis is relevant to this issue in hand, because of in the case of R v Stephenson, that the evidence did not establish who was the driver of the Fiat at the time of the collision, at the initial trial, the counsel for the accused sought to cross-examine a medical witness as to whether Miss Broberg’s body contained any drugs or alcohol and also to adduce evidence of the results of the blood alcohol tests conducted on the three male deceased persons. The counsel for the accused argued that the condition of all occupants should be revealed to the court because of the sobriety of the driver of the Fiat was relevant, and anyone of the four occupants may have been the driver, The trial judge disallowed this evidence and directed that the movements of the Fiat on the roadway were relevant, but unless connected in some way with those movements, the condition of the occupants was not relevant, also on appeal the court agreed with the trial judge’s refusal to allow defense counsel to lead evidence of the occupants.

 

1: Neither of the deceased occupants had a current driver’s licence.

The probability of who was driving the vehicle could have been incapable of controlling the said vehicle this evidence would be admissible. To the current case.

 

2: One of the deceased had been convicted of reckless driving four weeks earlier.

 

(Road Traffic Act 1974 -Sec 61. Sub (4) a person is convicted of an offence against this section any offence previously committed by him/her against section 59,59A, or 60 shall be taken into account and deemed to have been offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first-mentioned offence is at first or subsequent offence).

In the Case of   R V Buchanan {1966VR.9} the accused had been charged with manslaughter arising out of a Motor accident. He was interviewed by police officers in hospital five days after the accident and admitted he had drunk a large amount of alcohol before the accident. It was held that the statement was admissible, Shall pointed out that in this case of presenting there are no suggestions in the evidence that there was a suspension of the faculty of judgement, and the mere reduction of that faculty by head injury or drink could not be held to be sufficient to render a confession or admission involuntary in the legal sense.

Yes, this Evidence of Earlier conviction would be relevant to this case, due it had happened four weeks earlier before the fatal accident, it would not be admissible but be very relevant evidence.

  1. Mr Danni had been convicted ten years earlier of Perjury in a trial that involved a Fraud charged against her friend.

 

This Evidence is irrelevant and therefore inadmissible, because it is not relevant to the current case of Motor Vehicle Accident.

 

 CONCLUSION

 

In this finding, the Relevance only occurs when an item of evidence must be relevant to a fact in issue to be admissible in a case. Some of the evidence in this current case would be exempt from being use.

 

Due to the fact it has nothing to do with Truck and car Collision, only evidence that I feel would be allowed would be the fact Mr Stephens has already been convicted of dangerous driving causing death before this recent case and that the deceased occupants maybe indeed did not know how to drive a vehicle according to one of the other drivers was convicted early of reckless driving.

Overall the Truck driver would be sentenced by the Road Traffic Act Section 59. Dangerous driving causing death.

Notes to consider:

  • previous conviction will most likely go against the accused and plaintiff
  • But what had caused the truck driver to swerve erratically?

The above may or may  not be correct, this is from a previous assignment I had studied.

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Australia is a Lack Country NOT! Barnett Government your WRONG!

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Many people have asked “how do I make money online without spending a dime?”, Well I would not classify myself as an expert in this line, but many that I have come across are asking for money, which are generally are scammers and to our extent we lose a lot of money that we cannot afford too.

I find that many other sites like People Per hour, Guru, Elance, O’desk, Vworker and freelancer, many of these that I have tried out, I have gotten nowhere in as my bidding always seem to high, and when I check to see who has won the project your tasks they seem to been given to Overseas people who are bidding from 050-1.00 for the project, but within Australia we would not be able to live on that due we are pretty expensive place to live. My background shows I have a lot of experience and Have studied heaps I also feel that studying is a waste of time, due to I have not landed that dream job, so you are studying (Please get Part-time or temp work). I think many companies should give us Australians ago. I come across an Article “The Barnett Government, want state jobs to go to India”. Well Guess what they are wrong about this as there are many Local WA personals who love to work in the Local Government section, but they have been getting knocked done for the work, Plus GUESS what I am one of those workers who have been knocked down for work for the Local Government. We have applied for way too many jobs, such as Administration roles to which may dismay, I got knocked down even though having the experience to be able to do such roles, But my question is if the job is getting send overseas isn’t that like working from home like running a small business from home, as if it is there is plenty of Parents would take this job on and would love  the opportunity to work from home, who would be qualified to take on these types of work for Example : Virtual Assistants there are heaps in Australia, also maybe the government should start reassessing their values and think about Families who would love to work school hours and not the normal office hours  9 am- 5 pm.

So my overall opinion it is hard both ways no matter what, all we can do is try and keep positive attitude to whatever way we decide and we can only trust our own instincts and the best practice is make sure you do your research on both Local work and Virtual work. Good luck with your endeavour’s we wish you all SUCCESS!

Proactive Marketing

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Have you ever missed a phone call to realise it is a potential client after someone to work on their project. Have you ever thought that maybe writing a thank you letter for their enquiry to keep your business in their minds for the near future?

Well I have just done that; why not keep your business in the back of their minds, and write a thank you letter to them for their time.

Too see what will happen.

Always make a note or even do a database from Enquiries in Access, Excel, Works database so if ever the needs arises, you know who they were.

Why not try it for yourself to see what will happen now or in the near future by being proactive with your communication to them, whilst keeping your business in the back of their minds, by thanking them for their enquiry on working on their projects.

What does Proactive really mean?

Well it means by acting in a practical way rather than a reactive events. More precise to the point, will give your business a Positive and upbeat notion to the business who you are thanking them for the enquiry.

What do mean by Reactive?

Business may reactive in a negative way and they may get irritable.

Example:

Dear John Blur,

Re: Thank you

I would like to just take a moment to thank you for the opportunity to assist you with your word processing enquiry. But if the need may arise in the near future we will be too happy to assist you.

Please do not hesitate to contact us on

Yours Faithfully,

Mrs B Buttons

Blur Services

 

“Even a mistake may turn out to be the one thing necessary to a worthwhile achievement.”

Henry Ford


Sacrosanct About Government

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“There is nothing sacrosanct about Australia’s constitution. It does not cover most of the essentials of our system of Parliamentary democracy, which rest chiefly on the conventions, or guarantee’s basic civil rights, which deprives from our common law.” 

We decided to ask people all age, race, and culture of what have thought of the comment in.  Library comments was:

“That they had agreed with the statement in principal as, they believe the constitution needs updating to reflect the change in our society as it is today”.

Retired MDL Examiner:

” I doubt it if most Australians understand the Australian constitution at all, But after reading the “The Age’, Dated Wednesday December 5, 1984,albiet being some twenty years old, and at that time they only had been 41 proposals put to the people for confirmation or denial, and only 20% of those changes have been adopted. It is true that there is no Sacred Value to the Australian constitution, however”.

We believe that MDL Examiner comments about many Australians have no clue about our constitution or even know that we have a constitution at all after asking many people, they have said it is either too hard to understand and they didn’t even know we had one.

Accountants: ” extremely Sacred or inviolable”

Ex Administration:
comments

” Australia is not a patristic country we don’t have a strong value system e.g. Americans plead 4th amendment etc they know some of their Constitutional rights and how many Australians have seen ours and how many are even interested in ours, check this memory not good Australians card (referendum?) People vote on a photographic identification card as a major point of idea. And all hell broke loose-invasion of civil liberties etc, 12months later Photo identification came in therefore a large percentage of age adults had an Australian Identification card without any fuss and there is hidden agendas behind the referendum, which they got what they really wanted”.

Sales Assistant Target:

” You have to wonder about our system of government when it only allows a choice of two people or parties for parliament control. Who’s to say that these two views could even closely cover the needs and rights of the people? The people should have more choice then just who represents them. There are issues such as war and the GST which should have been a choice of the people and not o e person or party. There are many other problems especially our justice systems where if the offenders may not be prosecuted until their fourth of fifth offence. The people have the right to a safe country. While this was written in 1984, the year I was born I don’t believe that we have made any steps forward, rather we are backward and need steps taken to make a fair system”.

 


Retired Speedway:” The statement that nothing Sacred about our constitution is it is right, but it should be. Our nation should be ruled basically by the people for the people and the constitution must be able to make this so by making sure the people’s needs are taken care of and protected”.

I also agree with Speedway comment, cause it is not a basically a people Constitution and it is more a Politicians Constitution and we do not really have a say into what rules we want to pass through”
Supervisor:

“I do not understand the Australian constitution, even if I did they would change it for their own gain”.


Well the Supervisor is one of those People that the MDL Examiner was referring to you as not understanding.


Cleaner:

” I do not understand any of the statement in Statement about the Australian government and American, because I am young because it was not part of a compulsory subject through school and I’m not really sure of the law”.

Legal Secretary:

”We should Familiar with the constitution to comment specifically, with a broad statement and not people have read the constitution”.

Solicitor” Inflammatory statement the Constitution is not a workshop manual and was never intended as one. It is a policy document. To adopt this approach you need contrasts written and unwritten constitution and a different constitution”.


As we have read peoples comments on the Nothing Sacred about Australians Constitution, the people who we have asked, many of them didn’t understand the article dated in 1984, reason why they didn’t they told me they didn’t understand the Constitution and it is too hard or they have never heard of the Australian constitution at all.

Our overall Opinion on this Statement is that, we may know more than the people that we have asked and some people that have answered the Statement knew some, So overall there is No Sacred Value on the Australian Constitution, but we do agree with many comments, such as the Parliament, Government intend only change it for their own gain and they really don’t listen to the Public Opinion such as the Bell Tower to me was a waste of money as where they could’ve put that money into things that are worth it such RPH and Princess Margaret Hospital and also should we make learning about the Federal Government compulsory in schools these days.

DOGGIE BUSINESS

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This blog has come by after reading a letter from the Examiner on the 2nd of September 2010.

“Our councillors have seen fit to ban our dogs from Gwynne Park, Bob Blackburn Reserve, and John Dunn Reserve, Memorial Park, Morgan and Springdale parks.
Despite repeatedly asking the reasons for penalising our dogs in this way, the only response is to threaten fines from $100 to $1000.
Because these public reserves belong to all ratepayers and an estimated 25 per cent of them are dog owners, why the exclusion?
It is my assumption that the reason for licensing dogs is so we can take them in public providing they are under control.” B. Hannibal.

I have to agree with this above as a dog owner as well, we have limited places where we can go to exercise and walk our dogs these days.
I decided to ask RSPCA WA about whether there are any laws against not walking your dog and whether you can be fined for not doing so.

There are no penalties for not walking dogs that I know of however we do encourage people to walk their dogs often and also take them to dog training from an early age – say after three months to puppy training and then progress from there to training for adult dogs etc. The RSPCA has a very successful dog training program in place with training night across Perth and Western Australia. Tim Mayne

We hardly take our dog for a walk or exercise as there is no where local for us to take them out of the yard. Limiting the places for us to take this we have to travel out of City of Gosnells etc just to give our “Man’s best friend” a exercise treat.
So what can we do about this we can make a petition to the Councillors to make an area or an oval for our little friends to be let off the lead to have a good run about? Please do not hesitate to leave your comments.

CHAIN LETTERS

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Are you wandering whether when you get chain letters, to pass them on and they say they work?
Guess what they do not work.
I have been forwarding the chain letters that get thru email and mobile phone and they say if you pass them along you will get a win fall.
These chain letters to me are a load of rubbish, someone please show me, that they have actually used these chain letters and actually won big or something good has happened to them.
I have had nothing good happen at all to me.

Overall conclusion my opinion is they do not work at all.
Please feel free to add your own comments on this topic.

OPINION BLOG

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I was sitting with my spouse of 6 years of thinking what to blog about next and he asked what a Blog was?

WHAT IS A BLOG

A blog is something you have an interest in and prefer to write about to anyone who may be interested in the subject you like writing about. It could be something like a good Novel, Law, life, Love horoscope, mythical creatures.

When I explained what a Blog was to my partner he was surprised and said that he would love to own a blog such as an Opinion Blog for everyone who like to add opinions about anything. I thought it be a great Idea. But he said he doesn’t have the time to blog about things and I said I can do that for him.

So please feel free to blog about anything on the comment section, as we might be able help you.