EVIDENCE CASE LIST

Topic 1 – Introduction

1. DPP v Kilbourne – four concepts

2. Kuruma v R – test of admissibility

3. R v Sang – entrapment no defence, judge residual discretion

4. Subramaniam v DPP

5. R v Sims

Topic 2 – Functions of Judge and Jury

1. Ferguson v AG – disclosure

2. Henriques and Carr v R – judge’s role on admissibility of evidence, re: deposition

3. R v Sang – judge’s residual discretion not to admit evidence more prejudicial than

probative

4. Daley v R – no case submission

5. R v Amado-Taylor – the judge must sum-up, identify issues, arrange evidence accord to

issues, not a mere rehearsal of evidence

6. R v O’Donnell – judge can comment, cannot lead them to think a particular way he

indicates
 7. Harewood v R – look at totality of summing up and the comments and determine whether

usurpation of jury’s function

Topic 3 – Standard and Burden of Proof

1. Woolmington v DPP – prosecution has the obligation to prove guilt of D beyond a

reasonable doubt

2. The State v Ori and Persaud – judge giving further direction when D raises defence that P

still has burden to prove guilt

3. Gomes v R – P to negative defence of duress

4. Baptiste v The State – provation, accident, self-defence must be negative by P

5. R v Podola – D proves defences on balance of probabilities