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See Also:
- EVIDENCE - EVALUATION OF EVIDENCE - Whether evaluation of evidence is the primary duty of the trial Court
"It is the duty of the Trial Court to assess the evidence adduced by the parties. This pragmatic concession is based on the fact that only the Trial Court has…
- EVIDENCE - EVALUATION OF EVIDENCE - Whether evidence sufficient to constitute provocation is a finding of fact which is the duty of the trial Judge
"Where there is evidence sufficient to constitute provocation is a finding of fact which is the duty of the trial Judge. See D.P.P. v. Camplia (1978) 67 (Cr. App. R.…
- EVIDENCE - ADMISSIBILITY OF EVIDENCE - What determines the issue of admissibility of evidence
"I think that admissibility should be based on relevance and not proper custody. Once a matter, be it a document or oral evidence is relevant, it is admissible. Proper custody…
- EVIDENCE - DOCUMENTARY EVIDENCE - Whether the issue of proper custody is relevant to the issue of admissibility
"I am in agreement with counsel's submission that where a document is admissible, the issue of proper custody is irrelevant to the issue of admissibility. I would state the principle…
- EVIDENCE - Admissibility Of Evidence - What determines the issue of admissibility of evidence
"Again, as was held in Kuruma v. The Queen (1955) A.C. 197, the test to be applied, both in civil and in criminal cases, in considering whether evidence is admissible…