THE HONORABLE SOCIETY OF KING’S INNS
ENTRANCE EXAMINATION
AUGUST 2009
Examination: Law of Evidence
Date:Friday, 21 August
Time:10.00 am to 1.00 pm
Internal Examiner: Ms Ruth Cannon BL
External Examiner: Mr Patrick Marrinan SC
Instructions:
Candidates must answer Question 1 from Section A and TWO questions from Section B.
Question 1 carries 50 marks.
All other questions carry 25 marks each.
Section A
Question 1
Gertrude, an actress in a long-running Dublin show, is arrested on suspicion of the murder of another cast member, George, by poisoning him with strychnine. At the time of her arrest, Gertrude was suffering from a long-standing psychiatric condition and was under the care of a consultant psychiatrist, whom she attended twice-weekly. While in custody, she requests to see the psychiatrist. The request is refused on the basis that she has only one hour of detention left. Within half an hour of her request being refused, Gertrude confesses. At the trial, the trial judge admits her confession into evidence. Gertrude’s son, Derek, a 14 year old actor in the same show, initially refuses to give evidence for the prosecution, but is told by the trial judge that he has to do so. Derek, who proves an uncooperative witness, is specifically asked bycounsel for the prosecution whether he saw Gertrude with a bottle of strychnine in George’s dressing room shortly before his death. This question is objected to by Derek, and counsel for the defence, on the basis that it is a leading question, but the trial judge states that Derek has to answer it. When Derek replies “No”, counsel for the prosecution puts it to him that he is lying to protect his mother. Derek denies this, but Gertrude is subsequently convicted of murder.
Advise Gertrude as to whether or not proper procedure has been followed by the trial judge. Would your advice have been different if Derek had been over 18 at the time of the trial?
(50 marks)
SECTION B
Question 2
Critically discuss the warning which should be given by a judge to a jury in criminal trials where identification evidence is in issue.
(25 marks)
Question 3
Outline the circumstances, if any, in which previous consistent statements of a witness may be put in evidence to show the credibility of that witness.
(25 marks)
Question 4
Susan is the owner of a donkey sanctuary. On a visit to the sanctuary with his children, Edmund is bitten by one of the donkeys, and sustains blood poisoning. He subsequently brings negligence proceedings against Susan and in the course of these proceedings seeks to have admitted in evidence veterinary reports relating to two examinations carried out on the donkey, the first dated two days previously to the attack, and the second dated two days after the attack. The vet who compiled the reports is now deceased. Advise Edmund as to whether or not these reports are admissible in evidence at the trial of the proceedings.
(25 marks)
Question 5
Critically discuss the scope of public interest privilege.
(25 marks)
1