• Research Paper on:
    Scottish Law of Evidence; A Case Study

    Number of Pages: 11


    Summary of the research paper:

    This 11 page paper considers a case provided by the student. Looking at the evidence surrounding a case by way of witness statements each statement is assessed for admissibility in order to advise the client whether or not to go o trial. The bibliography cites 5 sources.

    Name of Research Paper File: TS14_TEscoevi.rtf

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    Unformatted Sample Text from the Research Paper:
    Shop in Prestrow Airport where she was an employee. She is also accused of changing currency in conditions which breach Airport Workers (Fictitious) Regulations, 1995. To need is to consider  the best course of action for Winona, if this is to plead guilty to the exchange rate offence in order to have the theft charge dropped, or if this would  be best taken to court. The main element in this is a consideration of the evidence that can be used by both the prosecution and the defence. The first  aspect that needs to be considers is the way in which the burden of proof lies with the prosecution. There are two issues that need to be proven here. The  first is to prove that the theft took place and that Winona Driver took the money from the till. The second offence is less clear, it is apparent that money  was exchanged, however, this time there is a different approach, as the issue is not wither or not the event took place, but the circumstances, with the need to prove  that this was undertaken without the gaining of the required permission. It is worth noting in the English case of Sliney v Havering. [2002] EWCA 2558 where there was a  breach of trademark, but it was not an offence if the did not believe the goods to be counterfeit (Lectures 1 and 2 p3). Therefore, in this case it may  be argued that the defence for exchanging the currency is the belief that she had permission to do so. In looking at the evidence this appears to be very  questionable. The burden of poof means that the prosecution need to bring proof seen in the case of (X)R v Lambert [2001] UKHL 37; [2002] 2 AC 545 where it 

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