QUESTION EIGHT:
The trial Judge rules the cross-examination permissible.Did the judge err in so ruling?
15 MARKS
Section 18(1)(d) – Is the Shield down? –Requires careful dissection of the concluding remarks of D in chief – D arguably lost the Shield due to imputations against Crown witnesses (TH) and/or giving evidence of his good character (re Samaritan point) - Consider facts carefully in light of case law - Was this a legitimate part of D’s defence?
After closing addresses from counsel, in summing up to the jury, the trial Judge directed the jury that:
If they find that all the robberies were committed by the one person, they must be satisfied beyond reasonable doubt that at least one of the robberies was committed by the accused, D, before they could conclude that D was guilty of all the robberies.
The trial Judge further directed the jury that:
In considering the charges against D, you may take account of his inadequate explanations about the allegations made against him by MC, EL, NS and AB, given his vivid recollection of his encounter with TH.
QUESTION NINE:
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