LAW OF EVIDENCE II

TUTORIAL 4

QUESTION 1

George, a counselor is on trial for the indecent assault on three girls Jasmine, Orchid and
Daisy who are aged 10, 11 and 12 respectively. According to the three girls who will
give evidence at the trial, they were all called by George to his office at different times to
be counseled due to complaints about their studies from their parents .The girls will give
evidence that when they went to see him, George hugged and touched them .George
denies these allegations and says that the girls were asked to see him due to their
problems and were upset with him as he had given them a stern warning. He alleges that
they have colluded and made up stories about him.

The prosecution wishes to use each of the girl’s testimony as evidence in relation to the
charge for the other two girls. The prosecution also wishes to call two other girls (Rose &
Lily) who have alleged that similar events did take place when George had called them to
his office to be counseled about a year ago .The two girls allege that when they went to
see him George tried hug them and asked them to pose in the nude for him.

The prosecution also wishes to adduce evidence that when the computer in his office was
examined the police found a large collection of adult entertainment videos stored in the
hard drive.

Advise the prosecution on the admissibility of the above evidence.

2. Explain what is “character evidence”?

3.You are appearing on behalf of the defendant in a negligence action .It is alleged that
the defendant negligently drove a motor car which he knows to be mechanically defective
and thereby causing injury to the plaintiff. The plaintiff has called the defendant’s
neighbours to give evidence and they have testified that the defendant is an alcoholic and
always quarrels with his wife. Discuss.
4. Discuss the legal effect of the following statements being made in court:

a. “I know nothing of the neighbourhood ‘s opinion ,because I was only a boy at school
when I knew him ,but my opinion and the opinion of my brothers who were his
students ,is that his character is not that of a man capable of immorality”

b. “I have never been convicted of a violent crime before”

c. “I have always paid my bills on time”

d “I know Mr.X very well we go to the same church”

e.“ He is a good man ,he does volunteer work at the old folks home in Bukit Beruang”

5. Sam Seng, Buruk and Jahat are jointly charged with robbery of a goldsmith shop in
Penang on 27 February 2014. Each of them has a number of previous convictions for the
same offence and other offences.
During trial Buruk says in his evidence that he knew nothing about the robbery and that
he is a honest family man. He also says that Inspector Cekap (PW3) who arrested him has
fabricated evidence against him because, he had made an earlier report against Inspector
Cekap for corruption.
Sam Seng in his evidence says he had planned the robbery together with Buruk two
months before they had decided to proceed. Jahat does not give evidence.
At the trial, the judge allows cross –examination of Buruk by the prosecution on his
previous conviction and also on the previous conviction of Jahat .The judge also allows
cross –examination of Sam Seng by counsel for Buruk on his previous conviction.
Advise Sam Seng, Buruk and Jahat who were convicted of the charge and now wish to
appeal.