Primary Examination for the Bachelor of Laws

Did the judge err in these directions to the jury?

5 MARKS

1. 
   Identity is in issue, beyond establishing offences indeed occurred – Discussion of the competing authorities as to whether one count must be proved BRD before it is cross-admissible on the others, or whether they can used cumulatively once SS established: basic dichotomy in Salerno/Hirst – The authority of the SASCFC seems to favour cumulative use so the judge erred (contra, Dawson-Ryan?) –Compare the facts of authorities referred to to the present case to draw analogies/distinctions in the approach that should be taken.
   
2. 
   Consider whether judge misdirected in light of right to silence, burdens, POI.