The defendant is being tried for the theft of a quantity of household goods, the property of Ms. Farid. The defendant had been hired to move these goods from Ms. Farid’s former residence to her new address and Ms. Farid maintains that some of her things never arrived.
CANADIAN EVIDENCE LAW QUESTIONS
INSTUCTIONS: Answer all questions. For each question identify the evidentiary rule or exception applicable to the issue if it is not otherwise identified for you in the question.
1. The defendant is being tried for the theft of a quantity of household goods, the property of Ms. Farid. The defendant had been hired to move these goods from Ms. Farid’s former residence to her new address and Ms. Farid maintains that some of her things never arrived. Ms. Farid has testified that as her chattels were being taken out of her house she made longhand notes and later, in anticipation of the trial, she copied these notes on her typewriter. The witness is being examined by the prosecutor:
Q:When you look at that typewritten sheet, does that refresh your recollection as to the items therein mentioned?
A:It does.
Q:In what why?
A:Well, every item here — for instance: “2 Chinese vases octagonal shape Satsuma,” I remember.
Q:You remember these items individually as packed?
A:Individually, each one. I lived with these things, your Honour, I know them.
Q:You remember these items individually as packed?
A:Individually, each one. I lived with these things, you Honour, I know them. The Court:You lived with them yourself?
A:I did.
The Court:So when you look at that paper, it does refresh your recollection? A:Absolutely.
Prosecutor:Your Honour I tender in evidence as proof of the items removed from Ms. Faid’s home this typewritten list.
For the defence do you have any objections to make? Do you have any questions to ask?
Suppose the typewritten copy had been made by the investigating officer from Ms. Farid’s notes: would this make any difference?
2. The police executed a search warrant upon which an apartment solely occupied by the accused. When the accused became aware of their presence, he was seen to scrub an arborite table top which appeared to be covered with figures. The police also found a copy of a racing form in the apartment. While they were in the apartment, the telephone rang ten or twelve times. The police answered the calls, and on three occasions the callers placed bets totaling $29. The others asked about racing information. The defence objects that his evidence is hearsay.
If you were the judge how would you rule?
3. An 18-year-old girl pleaded guilty on her first appearance on a charge of impaired driving. The magistrate adjourned the matter for three weeks at the request of the Crown so that a check might be made for any prior convictions. On her second appearance, counsel appeared with her and a request was made that she be permitted to withdraw her plea; the magistrate was duly satisfied that it was an appropriate case, permission was granted and the case set over to be tried at a future date by another magistrate. On her trial, the Crown now proposes to call the court reporter to testify to the earlier plea. Defence objects on the grounds of hearsay?
How would you rule?
At a subsequent civil suit for damages arising out of the motor vehicle accident the plaintiff seeks to introduce the plea.
How would you rule on an objection by the defence?
4. The accused was charged with murder. The crown alleged that he had stabbed the deceased and severed her jugular vein. The defence was accident. The accused maintained that the women attacked him with a butcher knife and that she was killed accidentally when he was trying to take the knife away from her. The deceased had cuts on the fingers of her right hand and the doctor who testified as to cause of death said that when the right hand was put up to the neck the wounds on the fingers were in the same direction as the wound of the neck. Crown counsel has asked the doctor to give his opinion as to where the victim’s hand was when the knife was put on the neck. Defence counsel objects to the nature of the expert evidence being asked.
How would you rule on the objection?
5. You are a paralegal. The local police have asked you for assistance. Last evening they were involved in a high speed chase of a stolen automobile during which a pedestrian was killed. The driver of the vehicle escaped on foot but found in the glove compartment was an appointment card issued out of your office showing an appointment for tomorrow afternoon at 2:00 p.m. The police ask you to examine your diary and give them the name of the person expected.
Should you help?
They advise you that if you are not helpful they intend to secure a search warrant for your office. They further advise that they intend to be in your office tomorrow waiting to see who attends.
What should you do?
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