Danny Wykes
- Created by: Katie
- Created on: 25-05-20 13:21
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- Danny Wykes
- Interrogation
- No comment interview
- Adverse inferences s34 CJPOA- alabi not mentioned at interview
- s34(2a) CJPOA 1994 no adverse inferences if silence as a resut of no legal advice
- Evidence
- Bad Character
- Several convictions- April 2018 most recent and 4 months in prison
- Turnbull- judge must warn need for caution inc circumstances
- How long did he see him for, how far away
- P has legal and evidential burdens- beyond reasonable doubt standard
- May be s9 statement showing there has been a theft- would not take issue with that
- CCTV- doesn’t implicate 2nd person so take no issue
- Bad Character
- Adverse inferences s34 CJPOA- alabi not mentioned at interview
- Right to legal advice s58 PACE
- Given opportunity?
- s58(8) PACE if denied
- And para 6 Code C
- Free under police station Advice and Assistance scheme
- Right to silence
- No comment interview
- Sentencing
- High culpability as sophisticated nature of offence and planning
- Category 2 harm as high value and no significant additional harm
- Range 1-3.5 years
- Starting point of 2 years
- Funding
- Passport means- job seakers/ no savings
- Merit
- Deprivation of liberty likely
- Aaron's sentence
- Sentencing guidelines
- Bypass if CC
- Substantial question of law- only if challanging admissibility
- Expert cross-examination of P witness (ID case under Turnbull)
- Deprivation of liberty likely
- Forms
- CRM1 Client details form
- CRM 15 (means test)
- Evidence
- Bad Character
- Several convictions- April 2018 most recent and 4 months in prison
- Turnbull- judge must warn need for caution inc circumstances
- How long did he see him for, how far away
- P has legal and evidential burdens- beyond reasonable doubt standard
- May be s9 statement showing there has been a theft- would not take issue with that
- CCTV- doesn’t implicate 2nd person so take no issue
- Bad Character
- Bail
- Always complied with bail
- Criminal offence to not comply under s6 BA but if first time, likely to have another opportunity
- s7 Bail Act if breached- constable can arrest and take court w/in 24 hours
- More stringent conditions and/or remand
- If breach, surrender at first available opportunity
- Reasonable excuse?
- s4 BA 1976 prima facile right to bail
- Given bail by police s38 PACE
- Conditions under s47 PACE and s3A BA
- Not allowed to see Aaron
- Conditions under s47 PACE and s3A BA
- For bail
- Strong community ties- always lived there, stable address
- Always complied with bail
- Disclosure
- S8 can apply to court after defence statement served if believe P haven’t disclosed
- S6A CPIA defence statement
- Nature of defence
- Matters of fact in issue
- Why they take issue with each matter
- Any point of law including admissibility of evidence
- Turnbull
- Alibi
- s6A(2)- name, address and DOB
- Adverse inferences w/ defence statement s11 CPIA
- s11 adverse inferences if failure to serve, late, inconsistent etc
- S6C CPIA need a witness notification
- S3(1) CPIA initial disclosure then s5 defense statement then s7A prosecution must continually review
- S3 includes anything that may undermine P case or assist D's case
- Professional conduct
- If Donna says false alibi
- SRA Standards and Regulations 2019 Para 1.4 cannot mislead court
- Speak to him
- Withdraw if still wants to pursue it
- Don’t tell court just say professionallyembarrassed because of client confidentiality Para 6.3
- If agrees not to submit it can continue
- Withdraw if still wants to pursue it
- If Donna says false alibi
- Interrogation
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