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LW307 Week 3 Tutorial Solution

Common law countries use an adversarial system where the prosecution and defense compete against each other in court. The judge ensures fairness and that legal procedures are followed. Parties have primary responsibility for presenting evidence, and cases are decided based on evidence from parties rather than judicial investigation. Coroners' inquests are an exception, as the coroner directly questions witnesses to determine the cause of fires, deaths, and missing persons. Two cases, Pillay v R and DPP v Haiku, illustrate the important role of judges in giving themselves directions about evidentiary rules and putting these on the record, as failure to do so may result in overturned convictions or judgments on appeal.

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41 views

LW307 Week 3 Tutorial Solution

Common law countries use an adversarial system where the prosecution and defense compete against each other in court. The judge ensures fairness and that legal procedures are followed. Parties have primary responsibility for presenting evidence, and cases are decided based on evidence from parties rather than judicial investigation. Coroners' inquests are an exception, as the coroner directly questions witnesses to determine the cause of fires, deaths, and missing persons. Two cases, Pillay v R and DPP v Haiku, illustrate the important role of judges in giving themselves directions about evidentiary rules and putting these on the record, as failure to do so may result in overturned convictions or judgments on appeal.

Uploaded by

Benazir Nisha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LW307 Week 3 Tutorial Question

S11184302

Common law countries use an adversarial system to determine facts in the adjudication
process. The prosecution and defence compete against each other, and the judge serves as a
referee to ensure fairness to the accused, and that the legal rules criminal procedure followed.
The Parties and their representatives have the primary responsibility for finding and
presenting evidence to the court. Cases are tried on evidence adduced by the parties. The
judge does not generally investigate the facts. The Ethical Principles and Forensic Practices
play an important role in constraining the way that the advocates present the evidence in a
court in the adversarial system. In the adversarial system, the judge asks only a few questions
(or none at all) of the witnesses. This means that it is up to the parties to determine who to
call to give evidence and what evidence they give. It is useful to bear this fundamental feature
of the adversarial system in mind when thinking about the rules of evidence. Whereas, an
inquisitorial system is a legal system where the court is actively involved in proof of facts
by taking investigating of the case. Coroner investigates fires, deaths and missing persons to
determine the cause. Although concerned parties can sometimes call evidence at coroner's
hearings, the primary responsibility is on the coroner. The coroner either directly or through
his counsel questions each witness whom he or she calls. Coroners' inquests represent an
exception in the common law adversarial model.
Furthermore, one case that illustrates this important role and distinction is that of Pillay v R.
Crim. Appeal 29/81 C.A. Another case that deals with the same issue is that of DPP v Haiku.
This case deals with the question of what matters other than corroboration, a judge should
direct himself about and what directions to oneself should be put on the record, this case
highlights that a judge has to give to a jury about the rules of evidence, a judge or magistrate
must give to him or herself. Failure to do so and in some cases to state on the record that it is
being done may result in a conviction or judgment being overturned on appeal.
(Approximately: 363 words)

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