This written assignment requires you to write a case note on the following case:
Focus on the ‘presence of a solicitor’ issue addressed by the Supreme Court, i.e.:
“(i) Whether or not the appellant was, in the circumstances of this case, entitled to consult with a solicitor, and have a solicitor present, prior to and during the 15 th interview with the Garda Síochána, during which admissions were alleged to have been made. This raises the question of whether the right to have a solicitor present during questioning is a matter of right of the detained person, or a matter of concession by the Garda Síochána.”
Evidence establishes facts. For instance, the evidence of a bloody fingerprint would help to establish the fact that a certain person was at the scene of the victim’s murder. Real and demonstrative evidence are two important forms of evidence, but they can be only used at trial if they’re admissible and relevant.
Evidence: Definition and Types
Evidence is used at trials to prove or disprove certain facts that would tend to show whether something was true or not. There are four types evidence by which facts can be proven or disproven at trial which include:
Not all of these types of evidence carry the same weight at trial. For instance, real evidence may be more believable than demonstrative evidence. It’s the jury’s role to weigh each type of evidence and make a determination as to the believability of the evidence presented.
Real evidence, often called physical evidence, consists of material items involved in a case, objects and things the jury can physically hold and inspect. Examples of real evidence include fingerprints, blood samples, DNA, a knife, a gun, and other physical objects.