Aldo is arrested on a charge of larceny committed with violence at a commercial bank. In a statement he gave voluntarily to the police he stated that he was not at the bank at the material time. He was at the seaside at Flic-en-Flac with his girlfriend. The prosecution called two bank employees who identified Aldo as the perpetrator of the offence. The bank officials added that they could clearly identify Aldo as all the lights in the bank were on. At an identification parade held by the police the bank employees had picked Aldo. Aldo was found guilty and sentenced to undergo 12 years’ penal servitude. He wishes to appeal against his conviction on the following grounds: (i) The prosecution failed to call his girlfriend to confirm his alibi. (ii) The court was wrong to rely on the evidence of identification made in court by the bank employees. (iii) Counsel who appears for the Director of Public Prosecutions in the appeal seeks your advice on the evidential issues arising in the case.
Aldo is arrested on a charge of larceny committed with violence at a commercial bank.
In a statement he gave voluntarily to the police he stated that he was not at the bank at
the material time. He was at the seaside at Flic-en-Flac with his girlfriend.
The prosecution called two bank employees who identified Aldo as the perpetrator of
the offence. The bank officials added that they could clearly identify Aldo as all the
lights in the bank were on. At an identification parade held by the police the bank
employees had picked Aldo.
Aldo was found guilty and sentenced to undergo 12 years’ penal servitude.
He wishes to appeal against his conviction on the following grounds:
(i) The prosecution failed to call his girlfriend to confirm his alibi.
(ii) The court was wrong to rely on the evidence of identification made in court by
the bank employees.
(iii) Counsel who appears for the Director of Public Prosecutions in the appeal seeks
your advice on the evidential issues arising in the case.
Step by step
Solved in 5 steps