Law of Evidence
LAW09112
2020/2021
Written Assessment
1
, Written Assessment Question
You are a busy Solicitor-Advocate working for the Criminal Law firm, Stewarts and Co., in
Edinburgh. You are representing Malcolm Brown (a long-standing client) in an ongoing trial
in the High Court. He is accused of having committed the following offences:
• Charge 1: sexual assault (grabbing a breast) of a 22 year old woman in the early hours of
the morning on a secluded park bench in August 2000;
• Charge 2: rape of a 28 year woman at around midnight in a quiet bar during January 2014;
• Charge 3: attempted rape of a 42 year old woman at noon at an isolated bus stop in
February 2017;
• Charge 4: sexual assault (pinching a buttock) of a 20 year old woman on the quiet top deck
of a double-decker bus at 4pm on March 2020.
The evidence against Mr Brown includes:
• Evidence from each of the complainers about the alleged offences committed against
them.
• In respect of Charges 2 and 4 respectively, two witnesses’ evidence detailing the
complainers’ distressed appearances, together with the complainers’ own descriptions of
the alleged offences, shortly after the alleged offences took place. However, both
complainers were extremely upset at the time and had given the witnesses only vague
descriptions of what they said had occurred.
• A record of Malcolm Brown’s own police interview statement, given while he was being
held at Edinburgh Police Station, on 4 September 2020. Mr Brown said he did not want a
solicitor to be present:
“I’m in far too much of a hurry to get out of this police station to wait for any lawyer getting
here! So, go ahead, take down everything I say and see if you can prove I did it this time
guys!”
You have decided to prepare a written submission of “no case to answer” on Mr Brown’s
behalf challenging the applicability of the Moorov doctrine and the use of distress as
corroboration in respect of the alleged offences. Also, give your view as to the fairness /
admissibility of the interview on 4 September 2020.
2
LAW09112
2020/2021
Written Assessment
1
, Written Assessment Question
You are a busy Solicitor-Advocate working for the Criminal Law firm, Stewarts and Co., in
Edinburgh. You are representing Malcolm Brown (a long-standing client) in an ongoing trial
in the High Court. He is accused of having committed the following offences:
• Charge 1: sexual assault (grabbing a breast) of a 22 year old woman in the early hours of
the morning on a secluded park bench in August 2000;
• Charge 2: rape of a 28 year woman at around midnight in a quiet bar during January 2014;
• Charge 3: attempted rape of a 42 year old woman at noon at an isolated bus stop in
February 2017;
• Charge 4: sexual assault (pinching a buttock) of a 20 year old woman on the quiet top deck
of a double-decker bus at 4pm on March 2020.
The evidence against Mr Brown includes:
• Evidence from each of the complainers about the alleged offences committed against
them.
• In respect of Charges 2 and 4 respectively, two witnesses’ evidence detailing the
complainers’ distressed appearances, together with the complainers’ own descriptions of
the alleged offences, shortly after the alleged offences took place. However, both
complainers were extremely upset at the time and had given the witnesses only vague
descriptions of what they said had occurred.
• A record of Malcolm Brown’s own police interview statement, given while he was being
held at Edinburgh Police Station, on 4 September 2020. Mr Brown said he did not want a
solicitor to be present:
“I’m in far too much of a hurry to get out of this police station to wait for any lawyer getting
here! So, go ahead, take down everything I say and see if you can prove I did it this time
guys!”
You have decided to prepare a written submission of “no case to answer” on Mr Brown’s
behalf challenging the applicability of the Moorov doctrine and the use of distress as
corroboration in respect of the alleged offences. Also, give your view as to the fairness /
admissibility of the interview on 4 September 2020.
2
