The accused, a doctor, is charged with two counts of indecent assault on two female patients that
Question:
The accused, a doctor, is charged with two counts of indecent assault on two female patients that allegedly took place while they were under hypnosis. The first count alleges that he indecently assaulted a woman called "Mary" during a consultation on 12 August 2021. The second count alleges that he indecently assaulted a woman called "Jane" on 20 September 2021. For reasons unrelated to the alleged indecent assault, Mary committed suicide before the start of the trial. Several months before her death she had, however, made a statement to the police about the alleged assault. She had also told two friends, Ken and Alan, that the accused had indecently assaulted her. The prosecution also obtains statements from three other witnesses who allege that the accused had made improper suggestions to them while under hypnosis. From the start of the investigation, the accused's version is that both women are lying about the events in question.
Fully discuss, to decided cases, the admissibility of the following possible evidence:
The admissibility of the statements Mary made to Ken, Alan and to the police.
The admissibility of evidence given by witnesses who tell the court that Jane also made statements to them about the alleged indecent assaults.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts