Brian was shot at Rose Bay. There were no eyewitnesses to the shooting. A neighbour called...

 

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Brian was shot at Rose Bay. There were no eyewitnesses to the shooting. A neighbour called the police to report that he had heard gunfire. Detective Jason arrived at the scene shortly afterwards. Brian said to Jason at the scene, "Dix shot me. Dix told me he would get me for owing him money for drugs". Brian then died from the shooting. Dix is well known to police. Detective Jason located Dix at his home in Bondi, and said to him: "Brian says you shot him." To which Dix replied: "It was me but you can't use what I say now in court because it is not taped. I refuse to be interviewed." Dix's wife, Lorena, gave a statement to police where she says that Brain owed Dix money but refused to repay it. Lorena wishes to claim spousal privilege at trial. Dix is the President of a violent motorcycle organisation. Dix has three convictions for supplying drugs (cocaine). At the trial the prosecution call Detective Jason as a witness. In the absence of the jury, the prosecution inform the judge that it proposed to ask Detective Jason what Brian had said to him. The defence requested the judge hold a voir dire on the admissibility of Brian's statement, but the judge refused to do so and ruled that the evidence was admissible. Jason testifies about Brian's previous representation and is not cross examined. The prosecution call a member of Dix's motorcycle group (Sam) to give evidence. Sam has provided a statement to police that provides a history of Brian's drug debt and that Dix told Sam that he (Dix) shot Brian. At the trial, Sam denies that there was any debt owed by Brian and also denies that Dix made a confession. Dix does not give evidence. The judge directs the jury that the failure of Dix to give evidence means that the jury can more easily accept the crown evidence. Discuss the evidentiary issues that arise from the above. Brian was shot at Rose Bay. There were no eyewitnesses to the shooting. A neighbour called the police to report that he had heard gunfire. Detective Jason arrived at the scene shortly afterwards. Brian said to Jason at the scene, "Dix shot me. Dix told me he would get me for owing him money for drugs". Brian then died from the shooting. Dix is well known to police. Detective Jason located Dix at his home in Bondi, and said to him: "Brian says you shot him." To which Dix replied: "It was me but you can't use what I say now in court because it is not taped. I refuse to be interviewed." Dix's wife, Lorena, gave a statement to police where she says that Brain owed Dix money but refused to repay it. Lorena wishes to claim spousal privilege at trial. Dix is the President of a violent motorcycle organisation. Dix has three convictions for supplying drugs (cocaine). At the trial the prosecution call Detective Jason as a witness. In the absence of the jury, the prosecution inform the judge that it proposed to ask Detective Jason what Brian had said to him. The defence requested the judge hold a voir dire on the admissibility of Brian's statement, but the judge refused to do so and ruled that the evidence was admissible. Jason testifies about Brian's previous representation and is not cross examined. The prosecution call a member of Dix's motorcycle group (Sam) to give evidence. Sam has provided a statement to police that provides a history of Brian's drug debt and that Dix told Sam that he (Dix) shot Brian. At the trial, Sam denies that there was any debt owed by Brian and also denies that Dix made a confession. Dix does not give evidence. The judge directs the jury that the failure of Dix to give evidence means that the jury can more easily accept the crown evidence. Discuss the evidentiary issues that arise from the above.

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Evidentiary Issues in the Case of Brians Shooting 1 Brians Dying Declaration AdmissibilityThe judges ruling to admit Brians statement as a dying decla... View the full answer